N K TEXTILE MILLS Vs. UNION OF INDIA

JUDGEMENT

(1.) IN a petition filed under Sections 14, 17 and 29 of the Arbitration Act, 194U, by the petitioner, notice was served on Respondent No.2, the sole arbitrator. The Arbitrator tiled the award dated May 20, 1985, in this Court by which she disallowed the claim of Rs.8,75,330.00 of the Union of INdia. Notice of the filing of the award was given to the parties. Union of INdia had filed objections to the said award which are contested by the petitioner. Following issues were framed:

(2.) ISSUE No.1The petitioner had put up the claim before the arbitrator in the following manner that the contract was made between the parties in 1967 by virtue of which the petitioner was to supply 1000 pieces of Tent Private MK.3 Flies Inner @ Rs.423.00 each and 20,000 pieces of lent Private MK.3 Walls without poles @ Rs.l08.00 each and the delivery was to be completed by December 31, 1967. According to the claimant- petitioner, the supplies were made but price of some of the items detailed out in the claim petition in para 3 to the tune of Rs.59,567.00 was not paid. The claim of the petitioner was contested by the Union of India.

(3.) IN the case of Gujarat Water Supply and Sewerage Board Vs Unique Erectors ( Gujarat) (P) Ltd. and Another, AIR 1989 SC 973, the Supreme Court has held that the arbitrator is not obliged to give reasons for his decision and even if giving of reason is held to be obligatory, it is not obligatory for arbitrator to give detailed judgment. IN the present case, the arbitrator has indicated his mind as to why he has held that the contract has been wrongly rescinded by the Union of INdia. This decision has been given by the arbitrator on the basis of the evidence led before the arbitrator and the arbitrator has not ignored any material documents in coming to the conclusion that the contract in this case has been wrongly rescinded by the Union of INdia. So, this court, in my opinion, has no jurisdiction to interfere with the finding of the arbitrator given in this case. The objections are liable to be dismissed. This issue is decided against the Objector.