NARAYAN SINGH BISHT Vs. UTTARANCHAL PAYJAL NIGAM

JUDGEMENT

(1.) THIS appeal, preferred under Section 37 of The Arbitration and Conciliation Act, 1996, is directed against the order dated 21.12.2005, passed by the District Judge, Pithoragarh, in Suit No. 17 of 2004, whereby said court has set aside the award dated 07.04.2004, passed by the Arbitrator (Sh. C.S. Jain, Superintending Engineer of Uttaranchal Pay Jal Nigam).

(2.) HEARD learned counsel for the parties, and perused the lower court record.

(3.) THE award was submitted to the District Judge, Pithoragarh, in whose jurisdiction the work was to be done. The respondent filed objections under Section 34 of the Arbitration and Conciliation Act, 1996, for setting aside the award on the grounds that the Arbitrator has erred in law in delivering the award in favour of the contractor. It is also pleaded that the material used by the contractor was of lower quality. It is also stated in the objections that the respondent had to get the unfinished work competed by engaging another agency. It is also alleged that a round settling tank was constructed by the contractor without the approval of the respondent. The painting work was also not competed by him. The trial court, after hearing the parties set aside the award holding that the same is passed in violation of the public policy. Aggrieved by said order dated 21.12.2005, passed by the District Judge, Pithoragarh, in Suit No. 17 of 2004, this appeal is preferred by the contractor.