R C JAIN Vs. SAMANT BHADRA COOP

JUDGEMENT

(1.) By way of the present application, objections under Sections 30 and 33 of Arbitration Act, 1940 (hereinafter referred to as "Act, 1940") have been filed by the respondent-cooperative society challenging the Award dated 28th March, 2002 passed by Mr. C. Rama Rao, learned Umpire.

(2.) Briefly stated the facts relevant for this case are that respondent- objector, which is a group housing cooperative society having 210 members, awarded the contract to the petitioner-contractor vide Agreement dated 31st May, 1989 for construction of 210 dwelling units at Plot No. 37, Sector 13, Rohini, Delhi 110 085.

(3.) Since disputes and differences arose between the petitioner- contractor and the respondent-cooperative society and as the contract contained an arbitration clause, petitioner-contractor appointed Shri K.L. Sehgal, former Managing Director of NIDC as Co-Arbitrator on 04th November, 1994 and respondent- cooperative society appointed Shri R.S. Gupta, former Engineer Member of Delhi Development Authority as Co-Arbitrator on 23rd December, 1994. Both the Arbitrators appointed Shri C. Rama Rao, retired Director General of Works, CPWD as the Umpire.