SUBHASH AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) M/s Subhash & Co. through its proprietor Subhash Chopra have filed the present petition under sub-section (2) to Section 14 of the Arbitration Act seeking the filing of the award of Shri N H Chandwani, sole arbitrator and for making the award a rule of the court.

(2.) . It has been asserted that the applicant was awarded the work of construction of Dr. M.A. Ansari Auditorium at Jamia Milia Islamia University, New Delhi. The agreement contained an arbitration clause Disputes arbse between the applicant and the Union of India and Shri N.H. Chandwani was appointed as the arbitrator. The arbitrator had gone into the controversy and pronounced his award on 30/5/1990. Rs. 2,94,319.04 had been awarded with interest at the rate of 14% p.a. from the date of the award till the date of the decree.

(3.) . Notice had been issued to the parties and on behalf of the Union of India objections have been filed. It is pleaded that the arbitrator had misconducted himself and there is error apparent on the face of the record. The award is assailed primarily with respect to claim no. 3, 9 and 12. So far as claim no.3 is concerned, the objectors asserted that erroneously and without any basis the arbitrator allowed Rs.247.00 for centring and shuttering provided for triangular grid roof whereas the applicants himself had agreed to get a rate of Rs.196.00 per sq. mtr. As regards claim no.9, the plea raised was that erroneously Rs.62,137.00 have been awarded for centring and shuttering for balcony portion which could not be removed because of the typical structural design. Lastly, with respect to claim no.12 the contention raised is that it is related to damage suffered by the applicant due to uncertain unworkable circumstances. The arbitrator erroneously awarded Rs.1,45,000.00.