HARYANA PAPER MILLS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE respondent has preferred these objections to the award made and published on 28.2.1990 by Shri Shiv Prakash, Additional Legal Advisor to the Government of India, Ministry of Law and Justice, New Delhi the sole arbitrator appointed by the Director General of Supplies and Disposal, New Delhi. Disputes had arisen amongst parties within the ambit of arbitration clause contained in the agreement entered into between the parties with respect to work of contract contained in Rate Contract No. POM-9/RC-Paper/0682 Writing |& Printing/82-83/322/COAD dated 21.1.1983.

(2.) THE objector alleges that the arbitrator misconducted himself in making the award which is not based on documentary evidence. THE objector had pointed out before the arbitrator that the claimant had failed to furnish any documentary evidence showing payment of excise duty to the tune of Rs.3,57,679.63. Without going into this aspect the arbitrator erred in awarding 50% of the amount without even himself verifying if at all claimant had made the payment or was entitled to it or not.

(3.) CONSEQUENTLY, the objections having no merit are dismissed. In view of the dismissal of the objections, award made by the arbitrator is made a rule of court and decree in terms thereof is passed in favour of claimant against the respondent. Claimant will also be entitled to interest on the decretal amount at the rate of 12% p.a. from the date of award till payment. Award shall form part of the decree.