KAPOOR BROS Vs. UNION OF INDIA

JUDGEMENT

(1.) -

(2.) M/s. Kapoor Bros, are not satisfied with the award made and consequently have filed the objections.

(3.) COMING to the second objection, there is no positive proof to lend support to the contention of the objector that the Award was actually published on October 10, 1984. It is argued by the learned Counsel for the objector that one of the Arbitrators namely, Mr.P.K. Benerjee had left for Calcutta on 26th September, 1984 at 7.50 a.m. and that it was at Calcutta that he had signed the Award brought to him by an official of the railways. The log book and the record pertaining to the stay of Mr. P. K. Banerjee in the Railway Rest House would go to show that Mr. Banerjee was very much in Delhi on 26th September, 1984 and had actually left the Rest House on 27th September, 1984 at around 6.30 a.m. Thus, it cannot be said that Mr. Banerjee was not in Delhi on 26th September, 1984. Even otherwise, no official of the railways has been examined to substantiate the allegations of the objector. Even Mr. Gian Sagar who was examined in Court was not put any question with regard to Mr. Banerjee having signed the Award in Calcutta on 5th October, 1984. For the reasons recorded above, I feel that there is no substance in the second objection as well.