STATE OF GOA Vs. T D ABDUL RAHIMAN

JUDGEMENT

(1.) The challenge in this petition is to the order dated 20.01.2000, by which the learned District Judge, North Goa, has allowed unconditional withdrawal of the objection filed by the petitioners under Sec. 34 of the Arbitration and Conciliation Act, 1996, (Act, for short), challenging the Award dated 31.08.1998 passed by the sole Arbitrator.

(2.) The brief facts are that the respondent had taken a contract for construction of a minor irrigation tank at Amthane. As disputes and differences arose between the parties, the matter was referred to the sole Arbitrator before whom the respondent made a claim of Rs.85,05,571.45. The learned Arbitrator by an Award dated 31.08.1998 partly granted the claim in the sum of Rs.16,75,547.60 together with interest at the rate of 18% per annum from 09.10.1988, till realisation of the amount.

(3.) It appears that the petitioner filed an objection to the said Award under Sec. 34 of the Act before the learned District Judge which was registered as Civil Misc. Application No.172/1999. It was, inter alia, claimed that the award of Rs.1,08,000.00 in respect of claim no.6 is by way of duplication of the payment and the amount of Rs.10,000.00 in respect of claim no.8 towards the costs of arbitration is unjustified. There were certain other objections raised.