RAJINDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The judgment dated 11.05.2009 passed by the District Judge, Gurdaspur, whereby the Award dated 26.02.2002 passed by the Arbitrator, was confirmed, is under appeal.

(2.) The appellant had entered into an agreement with the respondents for construction of the protective toe wall to microwave building at Dalhousie. The financial aspect thereof was Rs.99,245.02. The contract was to be completed by 18.01.1993, but was actually completed on 06.08.1993. The Union of India-respondent No.1 raised some disputes regarding non-submission of left over material against the appellant, whereupon the sole Arbitrator-respondent No.5 was appointed. Accordingly, the Arbitrator entered into the reference on 13.11.1999 and passed an Award dated 26.02.2002, which was dispatched to the appellant under registered cover on 01.03.2002.

(3.) The appellant raised objections before the District Judge, Gurdaspur, pleading that the appointment of the Arbitrator was not legal; the Award is in utter conflict with the public policy; no reasonable opportunity was given to the appellant to lead evidence before passing the Award; the Award was time barred and the amount awarded was beyond the terms of the agreement being "excepted matters."