GHAN SHYAM DASS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Sections 14 and 17 of the Indian Arbitration Act seeking direction to the arbitrator to file the award and the proceedings in the Court and make the same as a rule of the Court. Pursuant to the notice, the respondent has filed the award which has been registered as Suit.

(2.) Perusal of the award shows that the claims of the petitioner were rejected except claim towards refund of security/earnest money amounting to Rs.10,000.00 though according to the respondent, the total security/earnest money was only Rs.8,264.00. The respondent also filed counter-claim for the amount of Rs.44,869.00 besides Rs.4,859.00 towards cost of cement bags.

(3.) It is a non-speaking award. The main objection is with regard to the claim of the security amount which has been awarded. In reply before the Arbitrator, the respondent admitted that the amount of Rs.6,000.00 was earnest money and Rs.2264.00 was deducted as security from CCI and Rs.2551.00 towards security was retained in the final bill. As is apparent from the counter claims of the respondent, total amount payable to the claimant is Rs.10,7815.00 but the Arbitrator awarded only Rs.10,000.00.