M C KATOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) . Parties had entered into a Work Contract No.EE/SDD-II/84-84/6 for Excavation of Supplementary Drain from RD 11375 M to RD 11975 M above S.S.W.L. Disputes/differences arose between the parties in relation to the said contract and Mr.I.J.Mamtani, Chief Engineer, Ministry of Surface Transport was appointed as the sole arbitrator in terms of clause 25 of the contract for settlement of the disputes/differences between the parties. The contractor filed its claim in regard to 11 items while the respondent also filed certain counter- claims. The sole arbitrator made and published his award dated 28.2.1994 thereby partly allowing some of the claims of the contractor for certain amount as also partly allowed some counter-claims filed by the respondent. The sole arbitrator has awarded a sum of Rs.8,96,473/- along with 15% interest plus cost of Rs.10,000/- in favour of the contractor. Pursuant to an application filed by the contractor under Sections 14 and 17 of the Arbitration Act, 1940 (hereinafter referred to as 'The Act') the arbitrator filed his award and the proceedings. Notice of filing of the award was issued to the parties inviting objections, if any, and in response thereto, objections under Sections 30 and 33 of the Act have been filed on behalf of the respondent/Union of India. Through the objection the UOI has assailed the award of the sole arbitrator and has sought it to be set aside, inter alia, on the grounds that there are errors apparent on the face of the award; the arbitrator has misconducted himself and the proceedings and the arbitrator has exceeded his jurisdiction in awarding certain claims of the contractor against the terms of the contract.

(2.) . The contractor contested the objections and filed a reply raising preliminary objections about the maintainability of the award in the present form and that the objections are barred by limitation. Various grounds on which the award is sought to be assailed have been controverted and it is denied that the award of the sole arbitrator is liable to be set aside on any ground whatsoever. On the pleadings of the parties, following issues were framed:

(3.) . The parties were directed to file affidavits by way of evidence and affidavit of Mr.M.C.Katoch has been filed on behalf of the plaintiff/contractor while that of Mr.S.D.Sharma, Executive Engineer, SDD-I (CD-IX), Rohini, Delhi has been filed on behalf of the respondent.