UNIVERSAL CONSTRUCTION CO Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a revision under Section 15 of the Code of Civil Procedure against the judgment and order dated 18.3.1997 passed by the IInd Additional District Judge, Sitapur in F.A.F.O. No. 29 of 1992, State of U.P. v. M/s. Universal Construction Company, passed in appeal under Section 39 of the Arbitration Act, 1940.

(2.) THERE is an agreement dated 7.4.1973 between the parties and it contains an arbitration clause. A dispute arose and according to the Arbitration Clause, Superintending Engineer, XII Circle, Lucknow, was appointed as an arbitrator and he pronounced the final award on 21.2.1984. The award was filed in the Court of Civil Judge, Sitapur on 17.7.1984. The State Government through the District Government Counsel (Civil), Sitapur filed objection against the award under Section 30/33 of the Arbitration Act, 1940, assailing the award on the point of facts and rate of interest. The main objection of the revisionist before the Court of Civil Judge was that the award being a non-speaking one, it could not be challenged on facts and the arbitrator had every power to allow 12% interest on the awarded amount from the date of reference to the date of the award and 6% interest on the awarded amount from the date of the award to the date of the decree or payment, whichever is earlier. Besides, those objections two other objections, namely, the D.G.C. (Civil) had no authority to file objection and secondly about the deficiency of court fees were also taken by the revisionist. The Civil Judge, Sitapur made the said award rule of the Court after rejecting the objections.

(3.) I have heard the learned counsel for the parties.