UNION OF INDIA Vs. BHATTACHARJEE CONSTRUCTIONS LTD

JUDGEMENT

(1.) THE short point in this Revisional Application is whether or not the learned Assistant District Judge, Siliguri had any jurisdiction to expunge one particular sentence appearing in his judgment pronounced upon an arbitration award and also the decree which followed.

(2.) M/s. Bhattacharjee Construction Ltd. , the opposite party herein, had entered with the petitioner, Union of India, into a contract relating to construction of married accommodation for military personnel at khaprail. Certain differences and disputes having arisen between the said parties, the same was referred to arbitration by Major General gurbir Mansingh, Chief Technical Examiner, Military Engineering Services. Army Head Quarters, New Delhi. On 7th February, 1983 the said arbitrator bad made and published his final award concerning the matters referred to him. While he allowed some claims of the said contractor either in full or in part, he had rejected some others. The order of the learned Arbitrator is as follows :-

(3.) THE present petitioner had filed in the court below a petition under sections 16, 30 and 33 of the Arbitration Act praying for setting aside the award or for remitting the same for fresh decision. The present opposite party had also filed a petition for modifying the award and for passing a decree making the said award a Rule of the Court. The learned Assistant District Judge by his judgment and Order No. 38 dated 28th June, 1985 had disposed of the said objections and petitions of the two parties and also had purported to pronounce his judgment upon the said award which was made part of the decree and the rule of the court. Both the ordering portion of the said judgment and the decree inter -alia contained the following words : -