UNION OF INDIA Vs. K.P. TRADERS

JUDGEMENT

(1.) BY this petition filed under section 34 of the Arbitration and Conciliation Act, 1996, (for short the said Arbitration Act), the petitioner has impugned the arbitral award dated 8th October, 2010 rendered by the learned arbitrator allowing some of the claims made by the respondent. Some of the relevant facts for the purpose of deciding this petition are as under: -

(2.) THE petitioner herein was the original respondent in the arbitral proceedings whereas the respondent was the original claimant.

(3.) THE dispute arose between the parties. By letter dated 17th February, 2003 the respondent invoked the arbitration clause and requested the General Manager of the petitioner to appoint an arbitrator. The respondent submitted their detailed claim on 26th November, 2003. On 8th/9th June, 2006, the General Manager of the petitioner appointed Mr. G.P. Srivastav as a sole arbitrator to arbitrate the claims setout in the letter dated 8th/9th June, 2006. Pursuant to the liberty granted by the learned arbitrator, the respondent submitted their statement of claim before the learned arbitrator on 24th August, 2006. On 29th September, 2006 the petitioner filed their reply before the learned arbitrator opposing the claims made by the respondent. The petitioner denied the contentions raised by the respondent in the affidavit in reply by filing rejoinder.