D K SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) JUDGMENT , J.-

(2.) THE petitioner was awarded a contract by the Union of India for the work "Constraction of Monitoring Centre at Ayanagar (main building)" by virtue of agreement No. 38/EE/72-73 which contained an arbitration clause. Certain disputes and differenes arose between the parties out of the execution of the work awarded to the petitioner. In terms of arbitration clause 25 of the agreement the disputes were referred by Additional Chief Engineer, All India Radio, by his memo dated 5-7-1979 to the sole arbitration of Shri K.K. Aggarwal, Superintending Engineer, All India Radio, Calcutta. THE Arbitrator entered upon the reference and published his award on 24-6-1984. THE Arbitrator filed the award and the Arbitration proceedings in this court.

(3.) THE Union of India is contesting the objections filed by the petitioner. In the reply it is stated that the award of the Arbitrator is final both on the uestion of fact and law and it is not open to challenge under Sections 15,16, 30 and 33 of the Arbitration Act as the Arbitrator is the sole and final Judge of both fact and law. It is further stated that the Arbitrator had rightly disallowed the interest in respect of security deposit. THE decision of the Arbitrator on counter-claim No. 4 of the Union of India was justified.