UNION OF INDIA Vs. BANWARILAL MITTAL

JUDGEMENT

(1.) THIS is an application under sections 30 and 33 of the Arbitration Act. , 1940 for setting aside of the award dated 28th September, 1989 passed by the Joint Arbitrators S. N. Ganguly and a. K. Sanyal.

(2.) BY the said award the Joint Arbitrators made an award in favour of the claimant directing the respondent to paya sum of Rs. 3,36,688. 96 p. and, in addition to return, duly discharged, to the claimant the F. D. R for rs. 10. 000/- furnished by the claimant towards earnest money. The item wise breakup of the said award for the said sum of Rs. 3,36,688. 96 p. has also been indicated in the award, item wise break up as indicated in the award is as follows : <FRM>JUDGEMENT_122_TLCAL0_1991Html1.htm</FRM>

(3.) AT the time of hearing of this application, the learned Counsel for the petitioner referring to claim item no. 3 has submitted that the award in respect of such claim is outside the scope of the reference. The claim item no. 3 as indicated above is under the heading "loss suffered due to non-payment of work done outside the scope of agreement". The learned Counsel for the petitioner has also referred to claim item no. 4 which is under heading "loss suffered due to illegal termination of contract. "