ANANT RAJ AGENCIES Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IA No. 7958/1998 (U/S 30 and 33 of the Arbitration Act, 1940) The petitioner was awarded the work of construction of MIG Houses in various pockets of Rohini in pursuance to Agreement No. 25/EE/HD-17/DDA/82-83. The Agreement contained an arbitration clause being clause No. 25. Disputes arose between the parties and the Engineer-Member, DDA as the appointing authority vide letter dated 08.08.1984 appointed Shri C. Banerjee as the Sole Arbitrator. The Arbitrator made and published his Award dated 16.09.1997. The respondent / DDA aggrieved by the same has filed the present objections under Sections 30 and 33 of the Arbitration Act, 1940 ( hereinafter to be referred to as, 'the Arbitration Act' ).

(2.) Learned counsel for the respondent / DDA initially attempted to take this Court through the objections and the grounds with reference to each claim, but on a query being posed, could not seriously dispute the proposition that this would not be the jurisdiction of this Court. This Court does not sit as a court of appeal and the claims based on appreciation of evidence cannot be rescrutinised by this Court. It is not for this Court to interfere with an award merely on the basis that the Court would come to a different conclusion on the material available before the Arbitrator and in the absence of the award being absurd, reasonableness is not a matter to be considered by the Court. In this behalf, judgment of the Apex Court in Food Corporation of India v. Joginderpal Mohinderpal and Anr., (1989) 2 SCC 347 may be referred to. In State of UP v. Allied Constructions, (2003) 7 SCC 396, it was once again reiterated that Section 30 of the Act of the Arbitration Act providing for setting aside an award is restrictive in its operation and unless one of the conditions specified therein is satisfied, the award cannot be set aside. The Arbitrator is a Judge chosen by the parties and his decision is final.

(3.) In view of the aforesaid legal position, learned counsel for the respondent / DDA confines his submissions only to claims No. 3, 5, 7 and the question of interest.