UNION OF INDIA Vs. OM VAJRAKAYA CONSTRUCTION COMPANY

JUDGEMENT

(1.) Present appeal has been filed challenging the order dtd. 20/12/2021 passed by the learned Single Judge in O.M.P. (Comm) No.299/2021, whereby the objections of the Appellant under Sec. 34 of the Arbitration and Conciliation Act, 1996 have been partially allowed.

(2.) Learned counsel for the Appellant states that though the impugned award was set aside with regard to pendente lite interest, yet the challenge with regard to the remaining Award was dismissed. He states that claims No.5, 6, 7 and 8 were incorrectly allowed, as the same were based on an erroneous finding that the delay was attributable to the Appellant. He states that the learned Single judge has erred in observing that the finding of delay was a question of fact and the same could not be interfered in a Sec. 34 petition.

(3.) He states that the reasons given by the respondent for delay in execution of the contract and as upheld by the Ld. Arbitrator are vague and the delay in days attributable to each reason has not been quantified.