NARESH MAHESHWARI Vs. COMMISSIONER, TRANSPORT DEPARTMENT AND ORS.

JUDGEMENT

(1.) The present petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 seeks to challenge the award dated 15.7.2009 passed by the sole Arbitrator whereby the petitioner has been refused remission of the license fee which was payable for a parking site contract and his claims for alleged losses caused to him have also been dismissed.

(2.) The counsel for the petitioner has urged two basic contentions before this Court. The first contention urged by him is that a wall was constructed whereby entrance to the parking was changed and the second contention is that a free parking site was allotted for the staff of the respondent and in which private vehicles were allowed to be parked besides government vehicles and both of which reasons caused losses to the petitioner entitling it to claim remission of 50% of the licence fee and also succeed in its claim of damages.

(3.) The scope of a hearing in petition under Sec. 34 of the Act is now well settled. Unless the reasons are wholly perverse which no reasonable man could have arrived at or unless the Award is illegal or against the provisions of the contract, a Court cannot interfere with the Award in a petition under Sec. 34.