JASWANT RAI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS is a petition under Sections 14, 17 & 29 of the Arbitration Act for issue of a direction to respondent No.2 to file the award and to make the same a rule of the Court.

(2.) BRIEF facts which gave rise to the present petition are as under: that the petitioner herein entered into an agreement with respondent No. 1 for the construction of Transit Camp at Pandav Nagar. The abovesaid contract contained an arbitration clause to the effect that in case of disputes in between the parties the same were to be referred to arbitration. The disputes arose in between the parties and the same were referred to respondent No. 2 Shri S.C.Gupta for adjudication. Shri S.C.Gupta i.e. respondent No.2 made and published his award on June 27, 1990. It has thus been prayed that the said award be made a rule of the Court.

(3.) IT is now a well settled principle of law that the Arbitrator is under no obligation to write a detailed judgment. The Courts do not sit injudgment over the award made and published by an Arbitrator. Their function is not that of an Appellate Court and hence, they cannot appraise the evidence and cannot go into with regard to the sufficiency of the reasons given out by the Arbitrator. Similarly, they cannot go into the correctness of those reasons. They cannot also consider the reasonableness, the validity and the legality of the reasons. IT is sufficient enough for an Arbitrator if he has given so much of the reasons which indicates his thought process.