S SANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant herein has entered into a Works Contract with Government of Puducherry for construction of collection wells, pumping station with protection wall for clearing the sewerage at Lawspet Main Road, Pethuchettipet, Puducherry. The work was to commence on 22.3.2007 and was to complete on 21.09.2007. However, till June '2007, the site itself was not handed over to the appellant/contractor due to some local resistance and obstructions. According to the appellant, the site was handed over to him only on 27.06.2007. Due to continued obstructions, he could not carry out the work and requested the respondent concerned to foreclose and terminate the contract. Accordingly, the contract was closed on 18.12.2007, approximately three months after the date stipulated for the completion of the Works Contract. Thereafter, the appellant herein invoked the Arbitration clause under the Agreement on 23.01.2008. Before the Arbitrator, the appellant made his claim under three heads and the arbitrator passed an award in favour of the appellant under two heads. The details are :

(2.) The award was challenged by the Government in Arbitration O.P.No.59 of 2011 before the learned Principal District Judge, Puducherry. Vide his order dated 19.03.2011, the learned District Judge allowed the petition, set aside the award in toto. This is under challenge here.

(3.) The learned counsel for the appellant submitted that the learned District Judge has gone into the meticulous details of the reasoning of the Arbitrator and substituted his reasoning for the reasoning of the Arbitrator on question of facts. He placed reliance on the decisions of the Hon'ble Supreme Court in Navodaya Mass Entertainment Ltd., Vs. J.M.Combines, 2015 1 CTC 797 and Associate Builders Vs. Delhi Development Authority, 2015 1 CTC 191.