J K CEMENT WORKS Vs. UNION OF INDIA

JUDGEMENT

(1.) By this order, I propose to dispose of objections filed under Sections 30 and 33 of the Arbitration Act against the award dated 29.1.1998.

(2.) In response to an invitation to tender, the petitioner submitted i'ts offer and the same was accepted by the respondent. Consequent upon some disputes having arisen between the parties, the matter was referred to sole arbitrator in terms of the arbitration agreement. The arbitrator rendered his award on 13.2.1996. The award was challenged by respondent No.2 before this Court. By the order dated 16.1.1997 passed in suit No. 1771- A/96, the award was remitted to the arbitration with a direction to give a reasoned award after taking into consideration evidence on record including the test reports. Pursuant to this direction, the arbitrator published his award dated 29.1.1998.

(3.) The respondents have not filed any objection against the award. The petitioner has filed objections under Sections 30 and 33 of the Arbitration Act. The petitioner is aggrieved by non-grant of interest by the arbitrator. The counsel for the respondent contended that the issue of award of interest was considered and rejected by the arbitrator and this Court cannot substitute its discretion to that of the arbitrator for awarding pendent lite interest to the petitioner Reliance was placed on a decision rendered by the Supreme Court in Secretary Irrigation Department Govt. India v. G. C.Roy, AIR 1992 S. C. 732.