J S CONSTRUCTION Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Pursuant to the disputes raised by the petitioner, Mr. A.L. Garg, Superintending Engineer(Civil)was appointed by the Engineer Member, DDA as a sole arbitrator to decide the disputes and make the award.

(2.) The arbitrator filed the award alongwith the proceedings on 21/04/1993. The same was taken on record and registered as Suit No.888/93. Notice of'the filing of the award was served upon both the parties. The respondent was served on 25/06/1993. The petitioner accepted the award and did not file objections against making the award rule of the Court. However the respondents filed objections against the award mainly challenging the findings of the facts in respect of various claims and against the conduct of the Arbitrator for acting contrary to the terms and conditions of the contract.

(3.) In Puri Construction Pvt. Ltd. Vs. Union of India reported as JT 1989(1) SC 132 it was specifically held that while upholding an award the Court need not examine the merits of the award with reference to the materials produced before the arbitrator. The court cannot sit in appeal over the views of the arbitrator byre- examining and re-assessing the materials. The scope for setting aside an award is limited to the grounds available under the Arbitration Act.