ABOOSHAHIMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under S.39 of the Arbitration Act, 1940 (for short 'the Act') filed by the claimant against the order of the Sub Judge, Trivandrum refusing to set aside an award passed by the Arbitrator. The appellant claimant is a contractor and the respondent is the Union of India represented by the Executive Engineer, Central PWD, Trivandrum.

(2.) Certain disputes arose between the appellant and the respondent in connection with the agreement No.8/TCD/82-83 for the work of conveyance of materials for the Trivandrum Central Division of Central Public Works Department. Those disputes were referred to an Arbitrator as per the order dated 17.10.1983 of the Chief Engineer (South Zone). The Arbitrator passed an award on 1st February 1984 rejecting all the claims and filed the same in court which has been numbered as O.P. (Arbitration) No.82 of 1984. The claimant filed a petition O.P. (Arbitration) No. 121 of 1984 praying to set aside the above award under S.30 of the Act read with S.16. The court below tried both these petitions together and passed a common order on 28.2.1987. By the said order the court below dismissed O.P. (Arb.) No. 121 of 1984 and accepted the O.P.(Arb.) No.82 of the 1984 and passed a decree in terms of the award. The claimant being aggrieved by the dismissal of O.P. (Arb.) No. 121 of 1984 filed this appeal.

(3.) The main point canvassed by the counsel for the appellant is that the award is vitiated by errors apparent on its face and the Arbitrator committed 'legal misconduct' in making the award. While dealing with this question it is essential to examine the width of the power of this court to interfere with the finding of the Arbitrator while passing an award.