PARMESHWARI DAS SHANTI PERKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) [Ed. facts : Petitioner was given a consrruction contract. It was completed on 10.3.76. He accepted final bill under protest mentioning 2 Claims of total value of about Rs. 45 thousand. Petitioner then asked for reference to arbitrator and filed 5 claims of total value of more than Rs. 21 lakh. Arbitrator in his award did not give finding on each disputed question but merely awarded certain sums against different claims. Award was of more than Rs. 5 lakh. Govt. Challenged the award of the ground of judicial misconduct]. After detailing facts. Judgment is :

(2.) COUNSEL for the Union of India has argued that the arbitrator has committed judicial misconduct in not giving his findings on the various disputes raised before him it respect of various claims and he had only awarded the particular amounts against the claims whereas condition 65 of the General Conditions of Contract clearly provided that the arbitrator in addition to awarding the sums in respect of the claims shall give his findings. So, it is urged that the award suffered from this illegality on the face of it and is liable to be set aside. It is also argued by the learned counsel for the respondent that the arbitrator exceeded his jurisdiction in entertaining claims which were beyond the two claims set up by the petitioner while accepting the final bill prepared by the petitioner. Reference has been made to condition No. 70 of the contract which clearly laid down that while preparing the final bill the claims must be set up and no other claim could be entertained later on.

(3.) OBJECTION petition is liable to be allowed and the award is liable to be set aside. But the question which now arises for decision is whether the award should be remitted to the the arbitrator or not for giving findings. I think it would not be fair to the U.O.I, to remit the award to the same arbitrator for giving any findings.