FALHRUDIN CONTRACTOR GOVT Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner has filed the petition under Sections 30 and 33 of the Arbitration Act objecting to the Award paused by the Arbitrator in so far as it is against him.

(2.) 2. The Union of India granted contract to the Petitioner to remove malba material from the area between Guru Nanak Eyes Centre and G.P. Pant Hospital (Pocket C, D and E). This area was occupied by Jhuggi dwellers unauthorisdly and the malba constructed of broken floor, walls, roofs and other things. The Union of India insisted that the work shall be done on war footing within 15 to 20 days. Tenders were invited on 7.12.1983. Level to work out the exact quantity of malba to be removed were taken on 17.12.1983. The work was awarded on 24.12.1983. The work was commenced on 25.12.1983 that as per the record the work was started on 3.1.1984. The work was completed and the amount was paid by the Union of India which was received by the Petitioner under protest.

(3.) THE Arbitrator ought to have drawn adverse infers" ice against the Respondent for the non-production of material documents in its posession. THE Arbitrator ought to have accepted C-7 and C-8 in the absence of elimination of Shri K.S. Mathur and Mr. V.K. Sharma. THE Arbitrator has assumed that final level had been recorded with the respondent and they cannot be proved to be wrong and that is really begging the question. THErefore, I find that the Petitioner had removed 16,000 cum and the Arbitrator ought to have awarded the entire claim made by the Petitioner. I, therefore, direct the respondent to pay (11902 30 x 12 ) Rs. 1,42,872.60.