PARTAP SINGH AND SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) JUDGMENT , J. (OraI)-

(2.) M/s. Partap Singh & Sons entered into an agreement with the respondent through the Executive Engineer, P.W.D., Division No V (DA) for the construction of Government Higher Secondary School for 720 students at Mansarover Garden, New Delhi. The said agreement contain an arbitration clause. Disputes and differences having arisen between the parties, the petitioner herein approached the Chief Engineer, P.W.D. to appoint an Arbitrator in pursuance to the power vested in him under Clause 25 of the said agreement. The Chief Engineer on the request of the petitioner appointed Shri J.P.Singhal as the Sole Arbitrator with direction that since the amount of the claim/dispute is more than Rs, 50,000 the Arbitrator was to give reasoned award. Shri J.P. Singhal, subsequently resigned as the Arbitrator and thereafter the respondent No. 2 herein was appointed as the Arbitrator, The respondent No. 2 has given his award dated 20th November, 1990. The award was filed in the court on 15th January, 1991.

(3.) EVEN otherwise, the perusal of the award shows that the Arbitrator has given reasons as stipulated under Clause 25 of the agreement. This court is not sitting as the court of the Appeal on the judgment of the Arbitrator. The parties had chosen their own Judge whose decision in law and fact is final. EVEN otherwise, the Arbitrator is the final Judge.