DEVINDER KUMAR CHADHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri Devinder Kumar Chadha entered into an agreement with the Executive Engineer, P.W.D. Division, Delhi for construction of labour welfare centres at Okhla, New Delhi. The said contract entered into between the parties contained an arbitration clause. When the disputes arose between the parties regarding the execution of the said contract pertaining to the final bill, the matter was referred to the arbitration under Clause 25 of the contract. Shri G.D.Chopra was appointed as the sole arbitrator. However, on his resigning after vacating the office, Shri N.H.Chandwani, respondent No.3 herein was appointed as the sole arbitrator to adjudicate upon the disputes referred to him by the Chief Engineer, P.W.D. As per the terms of the agreement, the arbitrator was to give reasoned award. The sole arbitrator, respondent No.3 after considering the relevant contentions of the parties, made and published his award on 16th March, 1990 thereby awarding an amount of Rs. 30,700 / - besides interest at the rate of 14% per annum from the date of the award till the date of decree, in favour of the petitioner/ claimant. The award was filed in the Court. Notice of the filing of the award was issued to the parties. The respondent/U.O.I, has filed objections to the said award which are within time listed as I.A.No.8739/93. These objections raised by respondent have been refuted and controverted by the petitioner.

(2.) On the pleadings of the parties, the following issues were framed 1. Whether the award made and published by the arbitrator dated 16th March, 1990 is liable tobe set aside on the grounds mentioned in the objection petition ? 2. Whether the award is bad on the face of it? If so, its effect ?

(3.) Parties made, statements that the were not to adduce oral evidence. They would file their evidence by way of affidavit and that the proceedings held before, the arbitrator would be read as evidence.