DES RAJ AND SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) AVADH Behari J.-This is an appeal by a building contractor from the order of a learned single judge of this Court, dt. 22.1.80 The contractor did work for the respondent, Union of India. Disputes arose between the parties. They were referred to an arbitrator. He gave his award. He made a non-speaking award.

(2.) THE Union of India objected to the award on two grounds. Firstly they questioned the jurisdiction of the arbitrator to award damages on account of suspension of work. A sum of Rs. 44,078.72 was awarded to the contractor on account of the fact that the work had been suspended by the Government during a certain period for no rhyme or reason. On this part of the award the learned Judge held that under clause 9 of the contract no claim was admissible for compensation due to suspension of work and the arbitrator had acted beyond his jurisdiction in awarding compensation for suspension.