DARSHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) A.O. under Sec. 37 of the Arbitration and Conciliation Act, 1996, is directed against the judgment and order dtd. 13/9/2013, passed by learned Addl. District Judge III, Dehradun, in Arbitration Case no. 18 of 2010, M/s Darshan Lal vs Union of India, whereby the petition filed by the appellant under Sec. 34 of the Arbitration and Conciliation Act challenging the arbitral Award dtd. 10/1/2010, has been dismissed by the sole Arbitrator.

(2.) Briefly put, facts of the case are that a claim was submitted by claimant (appellant herein) before the Arbitrator asserting therein, that claimant is a proprietorship firm. Respondent no. 2 B.S.N.L. invited a tender for the work in regard to A/R and M/O to T.E. building, Mission Compound, Saharanpur during 2002-2003. The appellant submitted its tender to respondent no. 2. Being the lowest bidder, the contract was awarded in favour of the appellant. During the continuance of work, the appellant requested respondent no. 2 to make certain payments vide letter dtd. 24/10/2003, but despite that no payment has been made. Thereafter, dispute and differences arose between the parties.

(3.) The appellant preferred Arbitration Case no. 03 of 2008 before this Court for appointment of Arbitrator. This Court vide judgment and order dtd. 7/1/2009, disposed of the petition appointing Mr. R.R. Aggarwal, Distrtict Judge (Retd.) as a Single Member Arbitral Tribunal to resolve the dispute between the parties.