UNION OF INDIA Vs. MAJOR V P NAJHAWAN

JUDGEMENT

(1.) THIS appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter called the Act 1996) is directed against the judgment dated 27. 2. 2006 passed by the District Judge, Kamrup, Guwahati rejecting Misc. (Arb) Case No. 576 of 2003 filed by the present appellant under Section 34 of the Act 1996 against the arbitral award dated 15. 9. 2003 in Contract Agreement No. Sandt/con/91/4 dated 4. 3. 1992.

(2.) HEARD Mr. J. Singh, learned senior counsel assisted by Miss B. Das, learned Standing Counsel appearing for the appellant and also Mr. S. Bhattacharyya, learned counsel appearing for the respondent.

(3.) A short fact in a nutshell which would be sufficient for deciding the present appeal is that the respondent Major V. P. Najhawan (Retd.) had entered into a contract agreement being No. Sandt/con/91/4 dated 4. 3. 1992 with the present appellant for executing a contract work for the present appellant by the respondent. The relevant portion of the said contract agreement dated 4. 3. 1992, which would be relevant for deciding the present appeal is quoted hereunder:-