UNION OF INDIA Vs. N K GARG

JUDGEMENT

(1.) THE petitioner being Union of India has filed the objections against the arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The arbitral award against which objections have been filed was given by a panel of three arbitrators namely Sh. Parmatma Sharn, Chief Engineer, Northern railways, Sh. R. K. Kardam, Adviser/judicial Commission, Northern Railways and mr. Shanker Banerjee, FAandcao, Northern Railways. Sh. Parmatma Sharm was the presiding Arbitrtor in the panel of arbitrators. The arbitral award was announced on 11. 02. 2002 and the objections filed against the said award are within limitation.

(2.) THE panel of arbitrators have made award in respect of four claims of the respondent and they are as follow:- <FRM>JUDGEMENT_121_ILRDLH17_2008Html1.htm</FRM>

(3.) THE learned arbitrators have rejected the claim of the petitioner for rs. 4 lacs claimed on account of liquidated damages. The learned counsel appearing on behalf of the petitioner has argued that the learned arbitrators were wrong in holding that the petitioner was not justified in terminating the contract in question despite holding that the respondent was also contributory to the delay in execution of the contract. This Court does not sit in appeal over the judgment of the Arbitral Tribunal and cannot substitute its own view in place of the arbitrators unless the objections fall within the parameters of section 34 of the Arbitration and Conciliation Act, 1996.