INDIA FURNISHERS Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THE appellant challenges the judgment of the learned Single Judge dated 15th March, 2001 by which the objections of the respondent against the award dated 24th December, 1993 were allowed and the award set aside on the ground that the Umpire had not given reasons for awarding of the estimated amount in respect of claims No. 7,11 and 12.

(2.) THE learned Single Judge instead of remanding the matter thought it fit to appoint a learned senior counsel of this court as an arbitrator. This direction for the appointment of the arbitrator by the learned Single Judge was stayed by the division Bench of this court while admitting the appeal. The learned Single judge has further held that for awarding the amount payable to the appellant only conclusions have been given by the arbitrator which are not supported by any reasons, even though the award is a reasoned award.

(3.) THE counsel for the appellant flawed the judgment of the learned Single judge on the ground that the contract between the parties did not require reasons to be given. We have perused the contract and it is apparent that no reasons are required to be given as is evident from the perusal of clause 13 which is set out hereunder :