LAWS(BOM)-1997-9-121

UNION OF INDIA Vs. GURU NANAK ADVERTISING

Decided On September 11, 1997
UNION OF INDIA Appellant
V/S
Guru Nanak Advertising Respondents

JUDGEMENT

(1.) By this petition a prayer is made for making the Award rule of the Court and for passing decree in terms thereof and the minutes of the order. The dispute related to monetary claim in regard to BBS Advertisement and the same was referred to arbitration of Shri R.N. Khapre. Before the arbitrator respondent appeared and sought time for checking their brief and for verification of the records. But ultimately they failed to file reply and, therefore, the arbitrator proceeded to make his decision on the basis of the documents filed on behalf of the petitioner. The award is made on 6.1.1992. The notice of making Award and filing the same in the Court was duly served upon the respondents but they have not entered any appearance in this petition nor filed any separate petition for setting aside the award. I have gone through the award and the same appears to be otherwise lawful and is made within limitations. Under the circumstances, the petition will have to be made absolute.

(2.) The petition is made absolute and the award is directed to be made rule of the Court and decree in terms thereof be drawn.

(3.) In view of section 29 of the Indian Arbitration Act, the respondents to pay the interest at the rate of 12% on the principal amount due under the award i.e. Rs.6,76,872.20 from the date of the decree till realisation.