HINDUSTAN STEEL WORKS CONSTRUCTION Vs. UNION OF INDIA

JUDGEMENT

(1.) Cm No. 45168/2018 (for exemption)

(2.) Suffice to state, the provisions have been wrongly quoted. It appears to be typographical errors which has been overlooked by the Registry also. The concerned Registrar must look into the same and ensure that such mistakes do not occur in future. We proceed on the premise that this appeal has been filed under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 ('Act of 1996' in short).

(3.) The challenge in this appeal is to the order dated September 4, 2018 passed by the learned Single Judge in a petition filed by the appellant under Section 34 of the Act of 1996, challenging the award of the Arbitral Tribunal. Vide the award, the Arbitral Tribunal has awarded an amount of Rs. 32,999/- to the appellant against its claims; whereas, the counter claims filed by the respondent herein were allowed to the extent of Rs. 1,79,40,546/-. It is contended by the learned counsel for the appellant that the learned Single Judge has erred in rejecting the submission made by her that the award is a non-speaking one. That apart, it is her submission that the learned Single Judge has erred in not appreciating the fact that it was the consistent case of the appellant that it has been writing to the respondent that the delay in execution of the work was due to the negligence and inaction of the respondent. Learned counsel for the appellant, in support of her submission, has drawn our attention to a letter dated January 4, 2005.