SUDSUN HOUSING DEVELOPMENT INDIA LTD REP BY ITS VICE PRESIDENT, BUSINESS DEVELOPMENT MR SREENIVASAMURTHY Vs. PRADEEP DUGAR AND; LATA DUGAR

JUDGEMENT

(1.) The petitioner is challenging the award dated 21.08.2000 passed by the eighth respondent/Arbitrator, under Section 34 of the Arbitration and Conciliation Act 1996.

(2.) The facts are as under:

(3.) According to the petitioner, the eighth respondent/Arbitrator appointed a Chartered Engineer to inspect the building and to submit a report as to whether the building was built up according to the approved plan and in terms of the Construction Agreement. The Engineer inspected the building on several occasions in the absence of the petitioner and filed his report without giving an opportunity to the petitioner to present their case. The petitioner also filed their objections for the report of the Engineer, but, it is contended by the petitioner that the Arbitrator passed an award on 21.08.2000 in favour of the respondents 1 to 7 solely on the basis of the report filed by the Chartered Engineer. Aggrieved by the award dated 21.08.2000 passed by the eighth respondent/Arbitrator, the petitioner filed the above Original petition under Section 34 of the Arbitration and Conciliation Act 1996 to set aside the same.