ORIENTAL CONSTRUCTION CO Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition filed by M/s Oriental Construction Company (hereinafter described as the petitioner) under Section 14 read with Section 17 of the Arbitration Act, 1940.

(2.) . The facts alleged are that the petitioner entered into an agreement with the respondents 1 and 2 for construction of Guru Teg Bahadur Medical College and Hospital Project, Shahdara under the sub-head External Sewerage. Certain disputes had arisen between the parties regarding the finality of the account and the matter was moved for arbitration under clause 25 of the agreement. It was referred to respondent no.3 as the sole arbitrator and the said arbitrator had pronounced the award. It is prayed that the award should be made a rule of the court besides future interest as claimed at the rate of 14% p.a.

(3.) . In pursuance of the notice having been issued the Union of India has preferred the objections against the award so pronounced. On different claims that have been raised the objections have been filed particularly with respect to claim no.1, 3, 8 and 11. In the reply filed by the petitioner all the assertions of the objector have been controverted which are the questions to be taken into hereinafter.