SWARANSINGH Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) JUDGMENT

(2.) THIS is a petition filed on behalf of Shri Swaran Singh(hereinafter referred to as 'the Contractor') under Sections 14 and 17 of theArbitration Act, 1940 and in this petition it has been prayed that respondent No.2, the sole arbitrator, be directed to file the award dated 21/03/1989 alongwith the proceedings in this Court and thereafter the objections, if any, be calledfor and the award be made a rule of the Court.1. After the receipt of the award from the Arbitrator, notice of filing of theaward was issued to the parties on 4/07/1989. Thereafter, respondent No. 1,University of Delhi (hereinafter referred to as 'the University') filed objectionsagainst theawardvideapplicationbearinglANo.6175/89. These objections werecontroverted by the Contractor in his reply to the said application. The followingissues were framed on 26/02/1990:-

(3.) I have given my thoughtful consideration to the submission made by thelearned Counsel for the parties and have also perused the record. From the awardI find that the Arbitrator has given elaborate reasons in support of his findings.From the award it is also clear that the Arbitrator has considered the writtenstatement documentary evidence produced by both the parties, detailedarguments filed on behalf of the Contractor and the oral arguments of the Counselarguments filed on behalf of the Contractor and the oral arguments of the Counselfor the University and thereafter became to the conclusion that the University hadcommitted breach in the supply of drawings/details, cement and steel. As held bythe Supreme Court in the cases of Pun Construction Pvt. Ltd., (supra) andSudersan Trading Company (supra) this Court has no jurisdiction to re-examinethe evidence adduced before the Arbitrator and the reasonable nese of the reasonsgiven by the Arbitrator cannot be challenged in these proceedings. I, therefore,do not find any merit in the contention urged by the learned Counsel for theUniversity that the findings given by the Arbitrator are perverse as he has failedto refer to certain documents filed on behalf of the University.