UNION OF INDIA Vs. VINAY AGARWAL

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 majority award dated 14th September, 2010 rendered by the arbitral tribunal thereby allowing five claims made by the respondents and rejecting the counter claims made by the petitioner. Some of the relevant facts for the purpose of deciding this petition are as under: -

(2.) THE respondent herein was the original claimant whereas the petitioner herein was the original respondent in the arbitral proceedings. The petitioner had also made counter claims in the arbitral proceedings.

(3.) BY an order dated 11th February, 2005, the learned Judge designated by the Hon'ble Chief Justice directed the General Manager of the petitioner to appoint arbitral tribunal as per clause 64 of the General Condition of Contract in Arbitration Application No. 182 of 2004 filed by the respondent. Pursuant to the liberty granted by the arbitral tribunal, the respondent herein filed statement of claim and made 14 claims in the sum of Rs. 3,79,24,214/ - with further interest thereon. The petitioner resisted the said claim by filing written statement and also simultaneously filed a counter claims thereby making five claims with interest. None of the parties led any oral evidence. By an majority award dated 14th September, 2010 the learned arbitrators allowed claim nos. 1, 4, 5, 7 and 13 in favour of the respondent and rejected the counter claims made by the petitioner. The petitioner has impugned that part of the award allowing five claims in favour of the respondent and rejecting the counter claims made by the petitioner. The respondent has not impugned the arbitral award rejecting the other claims made by the respondent.