VINOD KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') is filed aggrieved of dismissal of objections under Sec. 34 of the Act.

(2.) The brief facts are that the petitioner was allotted a tender for supply of heavy vehicles and the payment was to be made on kilometer basis. There was a dispute with regard to the calculations and the amount to be paid as per para No. 9 of the terms and conditions of the contract. To decide the dispute, sole arbitrator was appointed and the proceedings culminated in award dtd. 21/3/2011 whereby the claim of the appellant was rejected. The objections filed by the appellant were dismissed on 10/2/2015, hence the present appeal.

(3.) Learned counsel for the appellant submits that for the vehicle hired for outstation duties payment was to be made for 80 kilometers/eight hours and kilometers beyond 80 kilometers were to be paid extra. He further submits that the amount was not paid in consonance with para No. 9 of the terms and conditions. The contention is that the arbitral award is nonspeaking.