UNION OF INDIA Vs. MEHTA CONSTRUCTION CO

JUDGEMENT

(1.) THIS is an appeal of the Union of India from the judgment and order of the learned single Judge dated 18th October, 1994, rejecting the Arbitration Petition of the appellants for selling aside the award of the arbitrator.

(2.) THE facts of the case briefly stated are as follows :

(3.) IN the arbitration petition, the appellants had prayed that the entire award should be set aside. At the time of hearing before the learned single Judge, the challenge was confined to the award insofar as it pertained to the amounts awarded against claims Nos. 1, 2, 10, 12, 24 and 25. The learned Judge considered the submissions of the appellants in regard to each of the above claims and came to the conclusion that no case has been made out by the appellants for interfering with the award in regard to any of the claims mentioned above. The learned single Judge observed that the appellants, in fact, were seeking to challenge the reasons or the reasonableness of the reasons given by the arbitrator in support of the award. The learned single Judge held that it was not open. for the parties to the arbitration to challenge the award of the arbitrator on these grounds. The learned single Judge, therefore, did not find any merit in any of the contentions of the appellants and hence dismissed the arbitration petition and made the award rule of the court.