JAMSHED BURJOR AGA Vs. ALANKAR CONSTRUCTIONS

JUDGEMENT

(1.) O.P. No. 228/1997 : The petitioner/arbitrator has filed this petition to receive and pass a decree in terms of award. O.P. No. 517/1997 :

(2.) THE petitioner Oriental Hotels Limited has filed this petition to set aside the arbitration dated 7.6.1996 passed by the 2nd respondent/arbitrator.

(3.) ONE of the main grounds on which the objection has been raised by the petitioner Oriental Hotels Ltd. is that the award dt. 7.6.1996 passed b/the 2nd respondent is a non-speaking award. The award was readout in the open Court and there is no valid reason to contend that the award is a non-speaking one. The 1st respondent herein has contended that the award cannot be set aside on the ground that it is a non-speaking award. In (Premier Fabricators, Allahabad v. Heavy Engineering Corporation Ltd., Ranchi) AIR 1997 SC 3603, the Umpire was required to give his findings on the issue of arbitrability of the claims 2 to 5 and reasons in support thereof. Their Lordships of the Supreme Court by majority have held that the Umpire cannot conclusively decide for himself in non-speaking award of the arbitrability of the claims, and the award cannot be construed that by implication he had considered the arbitrability of the claims. In ( Food Corporation of India v. Jagdish Chandra Saha ) AIR 1994 SC 219 the Supreme Court held "