STATE OF RAJASTHAN Vs. LARSEN AND TOUBRO

JUDGEMENT

(1.) This is an apeal by the State of Rajasthan against the order dated 18.1.94 passed in Suit No. 2484/87 dismissing the objections filed by appellant against the majority award dated 12.9.1987 and making it a rule of the Court and awarding interest at 12% p.a. from the date of award till realisation.

(2.) The learned counsel for the appellant confined himself only to two questions: (1) that there was no joint deliberation by and between the two arbitrators who gave the majority award on 12.7.1987 and the third Arbitrator, who gave a separate award later on 3.10.1987 and that the award of the majority should be held to be invalid (ii) that because of the undue delay of about 18 months on the part of the arbitrators in passing the award, interest ought not to have been awarded for period during which the proceedings were pending before the arbitrator.

(3.) There were three arbitrators in this case, Mr. C.R. Chopra, Dr. C.P. Gupta and Mr. S.K. Gupta. The majority award dated 12.9.1987 was given by Mr. C.R. Chopra and Dr. C.P. Gupta at New Delhi, while the minority award was given by Mr. S.K.Gupta on 3.10. 1987 at Bikaner. Of them, Mr. C.R. Chopra was appointed by respondent, Mr. S.K. Gupta, Additional Chief Engineer by the appellant, while the Institution of Engineers of India appointed Dr. C.P. Gupta, Professor of Civil Engineering, University of Roorkee.