R P BUILDERS Vs. UNION OF INDIA

JUDGEMENT

(1.) ORDER , J.-

(2.) M/s. R.P. Builders entered into an agreement No. 2/EE/CD XII/84-85 for the construction of 225 type I quarters for DMS staff at Hari Nagar, New Delhi. The agreement was executed for and on behalf of Union of India by the Executive Engineer (Construction Division No. XII), CPWD, IP Bhawan, New Delhi. The said agreement contained an arbitration clause stipulating therein that in case of disputes or differences the matter shall be referred to the Sole Arbitrator, a person to be appointed by the competent authority, for arbitration. Disputes and differences having arisen between the parties the matter and disputes were referred in terms of the arbitration clause to Shri N.H. Cbandwani the Sole Arbitrate. The Arbitrator made and published his award on 25th November, 1988.

(3.) THE objector has not been able to point out as to why the Arbitrator could not rely on the soil investigation report or by which rules he was debarred from comparing the two Codes. Nothing has been shown to this court that the Arbitrator could not have compared the two Codes or the value as the case may be. Hence, I find no force in this objection of the objector.