OSWAL WOOLLEN MILLS Vs. UNION OF INDIA

JUDGEMENT

(1.) The present suit has been filed by the Petitioner/Claimant under the Arbitration Act, 1940 seeking to place on record the award dated 5th July, 2006 passed by the Ld. Sole Arbitrator and for making it rule of court. Objections under Sections 30 & 33 of the Arbitration and Conciliation Act, 1940 have been filed for setting aside the said.

(2.) The only objection pressed on behalf of the Union of India ('UOI') is that while dealing with the claims and the counter claim, the Ld. Arbitrator has given credit to the Claimant of a sum of Rs.3,12,741/-, which related to a completely different contract, being A/T No. T-8/306. The submission is that the reference to arbitration in the present case was in respect of contract No.225/0680/13-2-89/T-8/0530/COAD dated 29th Nov., 1989 and that the said amount given credit for, related to a completely unconnected contract and could not have been added while awarding claims in the present case.

(3.) The matter was heard on 4th Feb., 2019 and again today. The record of CS (OS) No.2059-A/1995, where the initial reference was made, was also called for. A perusal of CS (OS) No.2059-A/1995 shows that in the said suit, the plea of the petitioner was as under: