LAWS(DLH)-2009-7-47

PEARL WOOLLEN MILLS Vs. UNION OF INDIA

Decided On July 15, 2009
PEARL WOOLLEN MILLS Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) BOTH arbitration suits u/s. 14 of the Arbitration Act, 1940 have been filed by the respective parties to the arbitration with respect to the same arbitral award. IA No. 354/1983 u/s. 30 and 33 of the Act in came to be filed by M/s. Pearl Woollen Mills Ludhiana.

(2.) THE arbitral award dated 27th july, 1982 subject matter of these proceedings directs payment by the said M/s. Pearl Woollen Mills Ludhiana (Objector) to the Union of India (U. O. I) of a sum of Rs. 2,62,026. 70 p. U. O. I though had preferred claims before arbitrator for much larger amount, has not filed any objections to the award.

(3.) THE counsel for the Objector has fairly conceded that the arbitral award being non-speaking, in view of the law recently reiterated in Engineer syndicate Vs. State of Bihar (2007) 3 SCC 99 and Markfed Vanaspati and Allied industries Vs. Union of India (U. O. I) 2007 (11) SCALE 138, the scope of interference therewith is very limited.