UNION OF INDIA Vs. R S MAKKAR

JUDGEMENT

(1.) The award of the Arbitrator has been made the rule of the Court by the learned Single Judge and consequently the Union of India was directed to pay Rs. 2,87,028 with interest at the rate of 12% per annum. The appellant aggrieved by the judgment of the learned Single Judge has approached this Court in appeal.

(2.) It is mentioned in the appeal that the learned Single Judge failed to appreciate that the Arbitrator held that the slabs were not made as per specification. He further erroneously held that contractually and legally the respondents were right when they asked the claimant to cast the slab only after removing the defects and even the slabs were not cast after filling the cubes rating the concrete tests. It is urged in appeal that the learned Single Judge was wrong in making the award a rule of the Court when there are innumerable infirmities in the award. The Arbitrator mentioned that the respondents were justified in asking the claimant to dismantle a slab but in ultimate analysis, his decision that- both the parties should bear their own damages, is totally perverse and contrary to the contractual obligation between the parties.

(3.) The order of the learned Single Judge has also been questioned on the ground that the contractor was to fulfil certain obligations and having upheld the dismantling of the slab by awarding dismantling cost etc. his further decision not to award Rs. 1,42,938.25b as compensation levied under clause 14 of the agreement is totally misconceived.