SUPERINTENDING ENGINEER HIGHWAYS DEPARTMENT Vs. NATIONAL ASPHALT PRODUCTS AND CONSTRUCTION COMPANY NANDANAM

JUDGEMENT

(1.) THIS intra-Court appeal challenges the order of the learned Single Judge of this Court, dismissing O.P. No.52 of 2003, seeking to set aside the arbitral award dated 5.9.2002.

(2.) THE Court heard the learned counsel appearing for the appellant and also for the first respondent.

(3.) LEARNED counsel also took this Court to the letter of the department dated 27.3.2000 and also subsequent letter dated 31.8.2000, whereby the rates were fixed. Insofar as the supplemental agreement was concerned, it was signed by the first respondent. Therefore, under the Contract law, he is bound by it. Once there was a concluded contract, all attempts should be made to regulate the contract and it should not be terminated to one's advantage. When all these were brought to the notice of the Arbitrator, they are not looked into when the award was passed. When the appellant put forth all the submissions and placed all the relevant materials before the learned Single Judge, they were not adverted to by the learned Single Judge. LEARNED Single Judge has taken an erroneous view and it has got to be set aside.