BRIJ LAL & SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS first appeal is filed under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act') impugning the judgment of the court below dated 21.5.2011 by which the objections filed by the appellant under Section 34 of the Act against the Award of the arbitrator dated 23.10.2006 were dismissed. The appellant/contractor was given the contract of repairing of approach road around Fish Market Complex Phase -I in Trans -Yamuna Area in Delhi and with respect to which disputes arose resulting in arbitration proceedings.

(2.) THE arbitrator by the Award dated 23.10.2006 dismissed the claim Nos.1,2 and partly allowed claim No.3. Appellant filed objections against the rejection of the claim Nos.1, 2 and 3. These objections have been dismissed by the court below by making the following relevant observations: -

(3.) THE Award of the arbitrator in this case shows that so far as claim No.1 is concerned, it was a claim for the area filled up in pot holes but the issue of measurement was raised after the pot holes were filled up and therefore there was no evidence available after the pot holes were filled up and more so when the appellant had accepted the first bill in which the quantities filled up were stated and which were not disputed. Claim No.1 was therefore rightly rejected and objections against which were rightly dismissed by the court below.