EAST INDIA CONSTRUCTION COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner/original claimant has challenged Award dated 7 August, 2009 passed by the Arbitral Tribunal consisting of three Arbitrators, pursuance to the arbitration clauses in the contract dated 21.03.1986 between the parties, which was for the earth work in formation and construction of minor bridges in Section IX for Rail Infrastructure facilities to Nhava-Sheva Port Trust. The Petitioner did led oral evidence in support of the documents. The Respondent did not lead any evidence. Note No.2 is also relevant for deciding Claim No.4A as it is directly connected with the "slushy soil ".

(2.) THE learned counsel appearing for the Petitioner has restricted the arguments to Claim Nos. 1, 2, 4, 4A, 5 and counter claim Nos. 1 and 9. There is no counter Petition filed by the Respondent.

(3.) SO far as Claim No.1 is concerned, the learned Arbitrator, after considering the material placed on record, awarded an amount of Rs.74,434/-, though the claim was of Rs.87,430/-. The basis of amount was the final bill prepared and accepted by the Respondent/Department. I see there is no case to interfere so far as Claim No.1 is concerned, as substantial amount has been awarded.