GOVT. OF NCT OF DELHI Vs. GARG BUILDERS

JUDGEMENT

(1.) This is a petition filed under Section 34 of the Arbitration & Conciliation Act, 1996 (in short the Act) to assail the award dated 23.07.2010 passed by the arbitrator. The arbitrator in this case was appointed by the Chief Engineer of the petitioner vide order dated 03.08.2007. The arbitrator appointed is a retired Chief Engineer of Central Public Works Department (CPWD).

(2.) The broad facts in the background of which the present petition has been filed are as follows:

(3.) As indicated at the very outset, an arbitrator was appointed by the petitioner, on 03.08.2007. The respondent filed his statement of claims on 15.11.2007. The petitioner filed its defence with the arbitrator on 18.01.2008. Notably, at this stage the petitioner had not raised any counter-claims. The appointing authority, i.e., the Chief Engineer, after more than eight (8) months, vide communication dated 26.09.2008 referred counter-claims of the petitioner to the learned arbitrator for adjudication, pursuant to which, the petitioner evidently filed its counter-claims with the arbitrator on 06.02.2009.