SURESH KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner filed petition under Section 14 of the Arbitration Act, 1940 (for short the Act) alleging that he is a contractor and is the sole proprietor of M/s. Sewa Sons Builders. Respondents 1 & 2 awarded the work of construction of 16 nos. additional type-1 quarters in Central Jail Complex to the petitioner and an agreement No. 100/EE/PWD-11/89-90 containing arbitration clause was expected between the parties. Certain disputes having arisen between the parties, by the letter dated 2.11.95 respondent No. 3 was appointed as arbitrator to adjudicate upon the disputes. Respondent No. 3 entered upon the reference and has made published the award on 29.2.96. It was prayed that respondent No. 3 be directed to file the original award alongwith arbitration proceedings in Court.

(2.) In response to the notice of the filing of the award, respondents 1 & 2 filed objection petition being IA No. 6712/97 against the award dated 29.2.96. Objection petition has been contested by the petitioner by filing reply.

(3.) Only objection taken in the objection petition (IA No. 6712/97) which is relevant reads thus:-