SAHYOG POWER CONTRACTOR Vs. H C AGGARWAL

JUDGEMENT

(1.) The petitioner is a contractor under the respon- dent/NDPL in pursuance to different agreements executed between the parties for supply of electricity under the single-point delivery system. The electricity is supplied by the respondent/NDPL to a single-point system and thereafter various consumers utilise the electricity. It is the function of the petitioner to recover the amounts for consumption of electricity.

(2.) Disputes arose between the parties in respect of the liability of the petitioner qua the respondent which resulted in arbitration and an Award has been passed dated 4.10.2005 by Shri H.C. Aggarwal, Sole Arbitrator. The petitioner is aggrieved by the Award and has preferred the objections under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, 'the said Act').

(3.) At the inception of hearing itself, it was pointed out to the learned Counsel that the scope of inquiry under Section 34 of the said Act is limited and it is not the function of the Court to sit as an Appellate Authority re-appreciating the evidence. The fact that this Court may come to a different conclusion on the same set of facts cannot be a ground for interference. In this behalf, there is really no change in the position as prevailed under Sections 30 and 33 of the Arbitration Act, 1940. Section 34 of the said Act, in fact, is more restrictive in nature though the scope has been expanded in view of judgment of the Apex Court in Oil and Natural Gas Corporation Ltd. v. Saw Pipes Ltd., III (2003) SLT 324=II (2003) CLT 242 (SC)= AIR 2003 SC 2629.