C L MISRA Vs. NEHRU BHAWAN TRUST

JUDGEMENT

(1.) C. L. Misra, sole proprietor of M/s. C.L. Misra & Associates, had entered into a contract with Nehru Bhawan Trust. Certain disputes having arisen between the parties with regard to the said contract, the petitioner had filed a petition under Section 20 of the Arbitration Act for appointment of arbitrator and for reference of the claims of the petitioner for decision to such arbitrator. The Court had allowed the petition on March 12, 1980 and had made reference to the arbitrators to be nominated by the respondent. The two arbitrators. namely, S/Shri K. P. Sharma and S.G. Pradhan had given the non-speaking award dated August 12, 1985, awarding Rs. 77,290/43P to the petitioner against the respondent with the directions that the amount be paid within one month failing which the respondent will be required to pay interest @12% per annum till payment [or on decree whichever is earlier. The petitioner filed the application for filing of the award and for making the award rule of the court.

(2.) On notice being issued to the arbitrators, the arbitrators have filed the award and the proceedings in this Court of which due notice was given to the parties and the respondent has filed objection petition LA. 2309186 under Sections 30 & 33 of the Arbitration Act. Various objections have been taken in the petition In challenging the award. The petitioner has filed the reply to these objections and following issues were framed :

(3.) ISSUE NO. 1: The matter was required to be decided by affidavits and the affidavits were filed. However, the learned counsel for the objector has raised his contentions based on the contents of the award and the evidence led before the arbitrator.