KRISHNA MOHAN CONSTRUCTION CO. Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Panigrahi, learned senior advocate appears on behalf of appellant and submits, the appeal has been preferred against order of the Court below, under clause (vi) in sub-sec. (1) of sec. 39, Arbitration Act, 1940. He draws attention to impugned judgment dtd. 31/8/2005 and draws attention to paragraph 7 therein. He submits, the Court below found that condition 70 of arbitration agreement does not provide for recording reasons for the award. He then points out from paragraph-11, the judgment says findings in the award are mere conclusions but not on reasons. He submits, in the 1940 Act there was no requirement of the arbitrator to give reasons, unless there was contract to contrary. The position in law is well settled that Court cannot go beyond such an award.

(2.) Mr. Tripathy, learned advocate, Central Government Counsel prays for adjournment.

(3.) Adjournment granted is peremptory.