VIRENDRA SINGH Vs. CENTRAL WAREHOUSING CORPORATION

JUDGEMENT

(1.) ON 29th February. 1980 Central Warehousing Corporation (Corporation) entered into an agreement with the petitioner (contractor) for construction of 15000 metric tonnes capacity godowns with ancillaries at Central Warehouse, Ghaziabad (U.P.) The work was required to be completed as per terms of the agreement on 24th August, 1980. The work was declared as actually completed on 1st October, 1981.

(2.) CERTAIN disputes arose between the contractor and the Corporation. The contract contained an arbitration clause. Disputes and differences between the parties were referred to the sole arbitration of Mr. B.S. Mathur. Admittedly, it was a term of the agreement that in all cases where a total amount of the award exceeds Rs. 50.000.00 the arbitrator shall give reasons for the award. On 10th August, 1984 Mr. B S. Mathur made and published his award. The award and the proceedings have been filed in this Court. The Corporation has filed objections to the award (1.A. 7339/84). On objections of the Corporation, following issues were framed : 1. Whether the award is liable to be set aside on the grounds mentioned in the petition? 2. Relief.

(3.) FOR the reasons stated above, I set aside the award of the arbitrator dated 10th August, 1984 in respect of claims No. 2 11 and 15 As the award in respect of claims No. 2, 11 and 15 is severable from the award in respect of all other claims, the award made and published by Mr P S Mathur dated 10th August, 1984 in respect of all other claims is upheld and made a rule of the Court and decree passed in terms thereof Incase the decretal amount is not paid within two months, the contractor will be entitled to interest at the rate of 12 per annum from date of decree till payment.