UNION OF INDIA Vs. SUDHIR ENGINEERING COMPANY

JUDGEMENT

(1.) THIS appeal challenges the order of the learned Single Judge dated 13 th september, 2006 dismissing the objections preferred by the appellants (respondents before the learned Single Judge) by filing of IA No. 7169/1994 under Section 30 and 33 of the Arbitration Act, 1940 (hereinafter referred to as the 1940 Act ). The learned Single Judge held that the award was signed by two Arbitrators and the third Arbitrator declined to do so. The learned Single Judge reasoned as under: -

(2.) THE reasoning given by the learned Single Judge is unexceptionable, particularly, when the learned Arbitrators view in respect of claims no. 1,3 and 5 was very factual in nature and did not warrant interference in the limited jurisdiction of the Court in dealing with the challenges to the arbitral awards.

(3.) IN so far as the reasoning of the learned Single Judge in respect of non-signing of the award by the third Arbitrator is concerned, the reasoning is unexceptionable, in so far as it relates to the reluctance/obdurance/refusal of the third Arbitrator to sign the award. In fact, the reasoning of the learned single Judge is in conformity with the legislative wisdom contained in section 31 of the Arbitration Act, 1996 (hereinafter referred to as the 1996 Act) the relevant part of which reads as follows: -