S LAL AND COMPANY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner, named above, filed a petition under Sections 14 & 17 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') with the prayer that Shri S.C. Gupta (respondent No. 2), the Sole Arbitrator be directed to file the award alongwith the proceedings and thereafter the award be made rule of the Court. The Arbitrator Shri S.C. Gupta (respondent No. 2) was directed to file the award alongwith the proceedings vide order dated 4.2.1992. In pursuance of the notice issued from this Court the Sole Arbitrator Shri S.C. Gupta (respondent No. 2) filed the award alongwith the proceedings vide letter dated 4.5.92.

(2.) After the Arbitrator had filed the award alongwith the proceedings, notice of the filing of the award was accepted by the learned Counsel for the petitioner in the Court on 8.2.93. No objections have been filed on behalf of the petitioner. Notice of the filing of the award was also issued to respondent No. 1 Delhi Development Authority (hereinafter referred to as 'the DDA'), directing the said respondent to file objections, if any, within the statutory time limit. In pursuance of the notice served on respondent DDA, the said respondent filed objections (IA 6608/93) under Sections 30 & 33 of the Act. In the objections filed on behalf of respondent/ objector DDA the respondent/objector has assailed the findings of the Arbitrator in respect of claim 1(B), (D), (E), claim No. 3 and claim No. 8. It has been stated in the objections that the Arbitrator has gone beyond the term of reference, has exceeded his jurisdiction thereby misconducting himself and the proceedings. It has been prayed that the objections filed by the respondent/objector DDA be accepted and the award to the extent of objections be set aside.

(3.) The petitioner has filed reply to the objections. In the reply filed it has been stated that objections have been filed by the respondent/ objector-DDA for the sake of objection without any substance. It has been further stated in the reply that the Arbitrator has given a reasoned award with full justification and the objections which are not tenable in law be dismissed and the award dated the 27th December, 1991 be made a rule of the Court and a decree in terms thereof be passed in favour of the petitioner together with future interest from the date of the filing of the award and costs of the proceedings.