KRISHNA MOHAN CONSTRUCTION CO Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Panigrahi, learned senior advocate appears on behalf of appellant and had earlier submitted, the appeal has been preferred against order of the Court below, under clause (vi) in subsection (1) of sec. 39, Arbitration Act, 1940. He draws attention to impugned judgment dtd. 31/8/2005, paragraph 7 therein. He submits, the Court below found that condition 70 of the arbitration agreement does not provide for recording reasons for the award. He then points out from paragraph-11, the Court below said, 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.) Today he relies on judgments of the Supreme Court.

(3.) Mr. Tripathy, learned advocate, Central Government Counsel appears on behalf of respondent. He submits, the arbitrator misconducted himself as will appear from face of the award, found by the Court below on impugned judgment dtd. 31/8/2005. He demonstrates therefrom following findings reproduced below.