STATE OF PUNJAB Vs. PARMAR CONSTRUCTION CO.

JUDGEMENT

(1.) The petitioner-respondent was awarded work of construction of Syphon Aqueduct across Kundlu Khad. A dispute arose in respect of the claim filed by the contractor. An arbitrator was appointed through the indulgence of the Court. Upon the pleadings of the parties and the evidence - documentary as well as oral was brought on record and an award was made on September 30,1997, by the arbitrator.

(2.) State filed objections under Sections 30 and 33 of the Arbitration Act, challenging the award by levelling various allegations and the enforceability of the award. The petitioner-respondent filed detailed reply to the objections, rejoinder was also filed by the State. Upon the pleadings of the parties, the following issues had been framed:-

(3.) The trial Court upon perusal of the record and the evidence brought thereon gave conclusive finding that the objector-appellant has failed to prove the award as illegal, null and void and, therefore, liable to be set aside. It has been noticed by the trial Court that claim No. 2 and the sub-claims thereunder numbering 5,6,8, 9,10 and 13 to 19 have been rejected and that other claims have been restricted and the finding thereon has been given after thoroughly discussing the record and the evidence brought thereon. Resultantly, the awarded amount by virtue of the award has been upheld.