AN PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was awarded a work contract of providing fire fighting arrangements for defence pool accommodation in poultry farm area, Delhi Cantonment by the respondents 1 & 2. Pursuant thereof a contract agreement between the parties were also executed. The said contract agreement between the parties also contained an arbitration clause. While executing the aforesaid contract some disputes arose between the parties and in terms of the arbitration clause governing the contract the same were referred to the Sole Arbitrator, the respondent no.3.

(2.) The Arbitrator entered into the reference received evidence adduced by the parties and, thereafter made and published his Award on 30.6.1999. After the Award was so published the petitioner filed the present petition under Sections 14 & 17 of the Arbitration Act praying for making the said award a rule of the Court whereas the respondent filed an objection as against the aforesaid award passed by the Arbitrator.

(3.) I have heard the learned counsel appearing for the petitioner and the respondent. The argument of the counsel appearing for the parties mainly revolved around the scope and Interpretation of clause 70, which is the arbitration clause between the parties. Although a stand has been taken by the respondent that the amended provisions of Section 70 is applicable in my considered opinion, the said position cannot be accepted as the contract was entered into between the parties under the old clause 70.