W S CONSTRUCTION COMPANY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a petition filed by M/s W S Construction Company (hereinafter described as the petitioner) for making the award of respondent no.2 a rule of the court and for a decree to be passed in terms of the award.

(2.) In pursuance of the notices having been issued objections have been filed by respondent/Delhi Development Authority. It had been asserted that the arbitrator has misconducted himself and different reasons have been given asserting the claims of the applicant/petitioner besides recording that the arbitrator has not recorded his reasons and therefore it should be set aside. The details of the objections need not be reproduced because they have to be considered hereinafter and therefore, it would avoid repetition. In the reply to the objections the petitioner asserted that disputes had arisen between the parties. The natter was referred to the arbitrator that was to be appointed by the Engineer Member. The petitioner had submitted the claims and the objector/respondent no.2 had filed the counter claim. The arbitrator has given a reasoned award and therefore, there is no question of setting aside of the same. Reply has also been filed to the objections in consortium justifying the award.

(3.) The short question that comes up for consideration is as to whether on basis of the assertions of the objectors the award is liable to be set aside or not.