FORESIGHT SHIPPING CORP Vs. UOI

JUDGEMENT

(1.) BY making an application under Section 14 (2) of Arbitration Act, 1940, the learned Arbitrator filed an award signed by the Arbitrators on 22 and 29th October 1993 respectively, in the Court. Notice of this award was sent to the parties and respondent filed objections against the award that this Court had no territorial jurisdiction to entertain the application and that the Arbitrator mis-conducted in rendering a non-speaking award in spite of a specific request made by the Objector in the appointment letter that the Arbitrator should render a reasoned award. The other objections raised by respondent are that the Arbitrator erroneously awarded different amounts as stated in the award to the petitioner and erroneously rejected the claim of the Objectors. It is stated that allowing the claims of the petitioner and rejecting the claims of respondent tantamounted to misconduct on the part of the Arbitrator.

(2.) THIS Court on 17th January 1997 framed the following issues:

(3.) ISSUE No. 1: Counsel for the objector /respondent during arguments stated that the Arbitrator in this case exceeded his jurisdiction by filing an application under Section 14 (2) of Indian Arbitration Act with a prayer that this Court should make the award a rule of Court and should give further reliefs which it may deem fit. It is submitted that it was none of the duties of the Arbitrator to request the Court to make the award a rule of Court.