BHARAT ENGINEERING ENTERPRISES Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) On being noticed as to the filing of award, respondent-DDA has filed objections under Sections 30 & 33 of the Arbitration Act, 1940 by way of I.A.892/1995.

(2.) Though respondent has assailed each and every claim awarded by the Arbitrator but the substantial objections are mainly with regard to claim no.1(c), claim no.2 and claim no.11 as award in respect of remaining claims is based upon material and evidence produced by the parties and is therefore on factual matrix.

(3.) It is a settled law that findings on facts returned by the Arbitrator should not be disturbed until and unless the Arbitrator is alleged to have ignored the material document or perversity is writ large and there is an error of fact and law apparent on the face. The court does not sit in appeal and as such should refrain from reassessing or re-appreciating the evidence and the material before the Arbitrator.