M/S OASIS CONTRACTORS & CONSULTANTS (P) LTD. Vs. PUNJAB STATE AGRICULTURAL MARKETING BOARD AND ANOTHER

JUDGEMENT

(1.) This order of mine shall dispose of three FAOs bearing Nos.1828, 1829 and 1830 of 2011 titled as M/s Oasis Contractors & Consultants (P) Ltd. Vs. Punjab State Agricultural Marketing Board and another .

(2.) Mr. Satish Goel, learned counsel appearing on behalf of appellant submits, that award dated 24.03.2008 passed by the Chief Engineer was without jurisdiction and as per the agreement, it was Superintendent Engineer who was named Arbitrator for resolution of the dispute, if any. The Arbitrator entered into a reference. In the meantime, application under Sections 14 and 15 of the Act was filed at the instance of the appellant before the Principal Court. The same was decided on 18.09.2006, whereby direction was issued to the Arbitrator to decide the matter. On 16.07.2007, petition under Sec. 11 of the Act was filed for change of the Arbitrator. However, the petition had been rendered infructuous in lieu of reply filed by the respondent that arbitrator had passed the award. The reply on behalf of respondent was accompanied by award. Aggrieved against the aforementioned award, the appellant has filed the objections under Sec. 34 of the Act. Copy of which has been annexed as Annexure P-1. He further submits that award is not sustainable in the eyes of law and this fact is totally been ignored by the Objecting Court while rejecting the objections vis-a-vis committed illegality and perversity.

(3.) Mr. S.P. Garg, learned counsel appearing on behalf of respondent No.1 submits, that there is no illegality and perversity in the order. The Arbitrator had granted three opportunities to appear and filed their respective claims i.e. from 08.09.2006 to 16.07.2007. In support of his claim, the Contractor did not filed any evidence to rebut the counter claim and thus prays that appeal does not warrant any interference and is liable to be dismissed.