FIXOPAN ENGINEERS P LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The Plaintiff, M/s. Fixopan Engineers (P) Limited, was awarded a rate contract by the Defendants. This contract was awarded for the supply of high density polythene pipes for supply of potable water for the period- 1st October, 1983 to 30th September, 1984. In terms of the clause 24 of the agreement executed between the parties, the matter was referred to arbitration of an Arbitrator. According to the Plaintiff, in terms of the same clause, the award of the Arbitrator shall be final and binding on the parties. After reference to the Arbitrator in relation to the disputes between the parties, the Arbitrator passed an award dated 23rd April, 1998. This award was filed in this court and notice of the filing of the award was issued to the parties. According to the Plaintiff/Objector, the notice was served on 8th October, 1998 and the plaintiff filed objections to the award.

(2.) Before the award could be filed in this court, the Objector had filed a suit under Section 14 and 17 of the Arbitration Act praying that the Sole Arbitrator Sh. S.B. Sharan, Additional Legal Advisor, Ministry of Law, Government of India, New Delhi, be directed to file the award in this Court. This was registered as Suit No. 1048/1998. Notice in this suit was issued vide order dated 23rd November, 1993. It was noticed that the award has been filed in this court and was registered as Suit No. 1828/1998. As such, both these Suits were listed together for hearing from time to time. Thus, it would be appropriate to dispose of both these suits by this judgment.

(3.) The objections were filed by the Objector within the stipulated time. The objections taken by the Objector/plaintiff can broadly be stated as under:-