UNIVERSITY OF DELHI Vs. KALRA ELECTRICALS

JUDGEMENT

(1.) By way of the present petition under sec. 34 of the Arbitration and Conciliation Act, 1996 ('A&C Act' for short), the petitioner/University of Delhi/non-claimant impugns arbitral award dtd. 30/11/2011 ('impugned award') made by the learned Sole Arbitrator in proceedings arising from disputes with the respondent/M/s Kalra Electricals/claimant. The disputes between the parties arose from Work Contract bearing No. UE/898/DU/EM/57(2005-06) dtd. 9/6/2005 ('subject work contract') and were referred to arbitration in view of clause 25 thereof.

(2.) By way of the impugned award, though the learned Arbitrator recorded a finding that the petitioner had already paid to the respondent the amounts due towards the subject work contract, he nevertheless directed the petitioner to release ".. pending payments amounting to Rs.20.00 Lakhs.." in respect of the other 44 contracts between the parties.

(3.) Ms. Aakanksha Kaul, learned counsel for the petitioner submits, that the primary issue for consideration before this court is simply this : whether an arbitral tribunal can decide and grant relief in respect of matters not referred to it.