PEARL FASTENERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal seeks to challenge the judgment dated 26.9.1998 of the Additional District Judge, Delhi in S.No.519/95 whereby the learned Judge has made the award of the Arbitrator, Rule of the Court.

(2.) Facts of the case are that the Railways by invoking Clause 2900 of the Indian Standard Condition Contract approached the General Manager for appointment of sole arbitrator to settle the disputes having arisen between parties.

(3.) The Arbitrator upon considering the claims and counter-claims returned an award dated 14.6.1993, which award was sought to be made rule of court before the Additional District Judge in Suit No.519/95. Various objections were raised before the learned District Judge inter alia that the Arbitrator has mis-conducted himself and the proceedings and the award was improperly procured. There was no contract between the Objector and Union of India. Union of India had never purchased hundred metric tonnes fish-bolts net at the risk and cost of the Objector as also the award is based on no evidence. The same objections have been reiterated before me in FAO No.48/1999.