VAISH BROTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment shall dispose of petition under Sections 14 and 17 of the Arbitration Act, 1940, by Vaish Brothers and Company for filing the award dated 19th January, 1993 and to make the said award rule of the court and pass a decree in terms thereof and the objections filed by Union of India under Sections 30 and 33 of the Arbitration Act, 1940 against the said award.

(2.) The petitioner is a partnership firm and Mr."C.P.Vaish is a partner of the petitioner firm who contended that he is competent to sign, verify and file the petition being conversant with the facts of the case. The petitioner had entered into a contract with respondent No.1, Union of India, for the execution of work of construction of building No.6 at project site Milaram near Shankarapally bearing contract No.CE(P)FY/MDK/20 of 85-86 which agreement was executed between the petitioner and the respondent No.1. During the execution of the work and after conclusion of the work by the petitioner, the disputes arose and on account of arbitration agreement between the parties, the disputes were referred to the arbitration of respondent No.2, Shri S.G. Mahajan, one of the Arbitrators on the panel of respondent No.1 by the Engineer-in-Chief of respondent No.1 on 18th February, 1992. The Arbitrator, respondent no.2, entered upon reference on 29th February, 1992. The parties filed their claims, replies to the claims and produced evidence and there after Arbitrator made and published the award dated 19th January, 1993.

(3.) The present petition has been filed by the petitioner seeking filing of the original award along with arbitration record and for making the award dated 19th January, 1993 rule of the Court and for passing a decree in terms thereof and also for grant of interest @ 18% per annum from the date of decree till the date of payment or realization.