NARESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This suit relates to a petition under Sections 14 and 17 of the Arbitration Act moved by one Naresh Kumar against Union of India and Mr. V. Nainai, the Arbitrator. In this petition it was prayed that respondent No.2, the Arbitrator, be directed to file award dated 26/7/1991 and the proceedings relating thereto in this Court and that the award of Rs. 49,242.51 paise alongwith pendente lite and future interest at a rate of 18 per cent from 26/7/1991 be made a Rule of the Court. On filing of this petition, notice was issued to respondent No.2 with a direction to file the award alongwith the proceedings. The same were filed. Therefore petitioner Naresh Kumar as well as respondent Union of India filed objections against the award which are I.As. 9742/92 and 2635/94 respectively. Both the objections are under Sections 30 and 33 of the Arbitration Act, 1940. Petitioner Naresh Kumar challenged the award in respect of the awarded amount in claim No.3 and claim No.11 only. On the other hand, the respondent Union of India challenged the award in respect of all the claims, that is to say, claim No.1 to claim No.12.

(2.) Heard the learned Counsels for the parties and perused the award.

(3.) Section 30 of the Arbitration Act provides the grounds on which the award may be set aside. The grounds are as follows :