UNION OF INDIA Vs. SURESH CHAND JAIN

JUDGEMENT

(1.) Present petition has been filed under Section 34 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act, 1996") challenging the arbitral Award dated 10th April, 2001 passed by Mr. R.K. Kardam, Sole Arbitrator and Adviser, Judicial Commission, Northern Railway.

(2.) Mr. Sanjay Kumar Pathak, learned counsel for petitioner-objector submits that the Arbitrator has reached incorrect finding of facts. He further states that the Arbitrator has not applied his mind properly to the documents and evidence on record.

(3.) Mr. Pathak lastly submits that the Arbitrator could not have awarded any interest in view of Sub-clause 3 of Clause 16 of General Conditions of Contract (in short "GCC"), which reads as under :-