UNION OF INDIA Vs. JAIN AND ASSOCIATES

JUDGEMENT

(1.) THIS application has been made on behalf of the Union of India praying that the award passed by the arbitrator dated 20/07/1992 along with the corrigendum dated 4/08/1992 being Annexure B to the petition be set aside and for other consequential reliefs and orders.

(2.) BY an order dated 25/03/1988, this Court appointed Mr. A. C. Moitra, Senior Advocate, as the sole arbitrator in this case. M/s. Jain and Associates had made a claim on account of various items making a total claim of Rs. 25,52,777.00. The respondent, Union of India, made various counterclaims on different accounts making a total counter-claim of Rs. 24,59,404.00. The said arbitrator made an award in favour of the Jain Associates on account of their claims to the extent of Rs. 8,30,463.00. He also allowed the counter-claim of the Union of India to the extent of Rs. 72,670.00. The net award amount after deducting the counter-claims as allowed from the claims as allowed by the said arbitrator was Rs. 7,57,813.00. The said award was made on 18/09/1991 and hereinafter referred to as the said first award.

(3.) PURSUANT to the said judgment and order, the learned arbitrator held further sittings of the parties and submissions were made the rein on behalf of the parties with regard to the respective claims and counterclaims. After hearing before the arbitrator was over, the arbitrator made his second award being the award dated 20/07/1992 and it appears that the arbitrator published the said award to the parties and also forwarded the same to the Registrar, Original Side, of this Court for filing.