UNION OF INDIA Vs. S M CONSTUCTION COMPANY

JUDGEMENT

(1.) This is an appeal against the order dated 21.3.97 passed by the Deputy Commissioner (A) /District Magistrate (A), Aizawl, District Aizawl, Mizoram, in Arbitration Case No. 1 of 1996 rejecting the objections preferred by the Chief Engineer, Project Pushpak, C/o 99 APO, defendant in the proceedings under Section 16 of the Arbitration Act, 1940, praying for remitting the award back ten the Arbitrator with directions as provided under Sections 15 or 16 of the Arbitration Act for reviewing, modifying, amending or annuling the award and allowing the parties to appear before the Arbitrator for de novo assessment/valuation of the work.

(2.) It appears that the dispute arose between the parties in relation to a contract between them, namely, M/s. S.M. Construction Company and the Union of India, represented by Chief Engineer (P) Pushpak, HQ CE (P) Pushpak, C/o 99 APO. The contract was for the purpose of handling/conveyance of cement from Joghigopa Railway Station to various locations under the Project Pushpak for the years 1987-88. Dispute arose between the parties in connection with the above contract and the matter was ultimately referred for settlement of the dispute by sole Arbitrator Shri N.C. Mitra, Chief Engineer, HQ DGBR. The sole Arbitrator gave his award in respect of which he gave notice to the parties of having made the award on October 5,1996.

(3.) It appears that the award was filed before the Court under Section 14 (2) of the Arbitration Act, 1940. It was admitted and registered in the Court of the Deputy Commissioner and October 30, 1996 was fixed for hearing after notice to the parties, the award also seems to have been received in the Court as sent by the Arbitrator on October 30, 1996 and 6.11.96 was fixed for hearing. The learned counsel on behalf of the Chief Engineer, Project Pushpak had put in appearance on 6.11.96 before the Court of the Deputy Commissioner and prayed for a week's time to file a petition which was allowed, according to which the petition was to be filed by 12.11.96 and November 20,1996 was fixed for hearing. The case was later on adjourned for hearing on the request of counsel for both the sides. The appellant, namely, C.E. Project Pushpak filed objection u/s 16 of |he Arbitration Act, on 12.11.96. Ultimately the case was fixed for final hearing on 5.2.97. On 5.2.97, it appears, counsel for the defendant, namely. C.E. Project Pushpak filed a petition under Section 30 of the Arbitration Act, 1940 which was accepted and the copy was given to the counsel for the petitioner, namely, S.M. Construction Company. 17.2.97 was thereafter fixed for hearing. The case was heard on that date, namely, on 17.2.97. The order sheets of the dates 5.2.97 and 17.2.97 are being reproduced below: