UNION OF INDIA (UOI) Vs. USHA SAWHNEY

JUDGEMENT

(1.) WITH the consent of the parties the matter is taken up for final hearing.

(2.) THIS appeal challenges the judgment of the learned Single Judge dated 13.01.2006 dismissing the petition under Section 34 of the Arbitration Act filed by the appellant, Union of India, challenging the award dated 02.11.2004 passed by the respondent No. 2 as a sole arbitrator. The dispute between the parties arises out of a contract appointing the respondent as a commission agent for the sale of railway tickets, by the General Manager, Northern Railway, Baroda House, New Delhi. The agency of the respondent was terminated by a letter dated 17.05.2002. The same was challenged by the respondent in Writ Petition (C) No. 1185/2002. By common consent of the parties, the arbitrator was appointed on 14.01.2003 by learned Single Judge of this Court. The said order reads as follows:

(3.) STATEMENT of claim was filed before the said arbitrator. Upon receiving the notice, the appellant filed its reply, and after hearing both the parties and going through the record an award was passed granting a sum of Rs. 23,62,649/ - with simple interest @ 10% from 10.02.1999 to 31.10.2004, totaling an aggregate sum of Rs. 37,01,550/ -. 18% interest was also awarded on the said amount of Rs. 37,01,550/ - plus costs of Rs. 75,000/ -.