UNION OF INDIA Vs. UNION BUILDERS

JUDGEMENT

(1.) IN this application under Section 30 of the Arbitration Act, 1940 the Union of INdia, the petitioner herein, challenges an award made by the Chief Engineer, South Eastern Railway Garden Reach.

(2.) IT appears that after one reference there was a subsequent reference of the disputes and difference between the parties and the contractor, being the respondent-claimant had made two claims and one was for enhanced rate for supply due to reduction of contractual quantity. One claim was as follows :--

(3.) COUNSEL for the respondent, however, contended that even if there was an error of law this errror was not liable to be set aside because a question of law as such had been referred to the Arbitrator. I am, however, from the reference, unable to find that that is the position. A question of law might have incidentally arisen in the reference of the dispute to the Arbitrator, but there was no reference to Arbitrator of any question of law as such. If that is the position, then an erroneous decision of the Arbitrator would be vulnerable to attack in this application. But as I have held that there is no error of law on the face of the award, this point does not support the petitioner.