STATE OF PUNJAB, PUBLIC WORKS DEPARTMENT (B&R),CENTRAL WORKS DIVISION Vs. V K SOOD, ENGINEER & CONTRACTOR

JUDGEMENT

(1.) The challenge in the present appeal is to the order dated 15.11.2012 whereby the objections filed under Section 34 of the Arbitration and Conciliation Act, 1996 against an award dated 30.11.2006 have been dismissed. The copy of the objections have been annexed as Annexure A-4.

(2.) He submits that the arbitrator has not taken into consideration the letter and gave the benefit of 8% of the lumpsum amount of the contract as the contractor had an option, much less has not referred to memo dated 10.5.2002 mentioned in the letter dated 3.7.2002.

(3.) The department is unnecessarily harping on the letter dated 3.7.2002 which was unilateral act and no option was accepted by the contractor. It was the said letter which was challenged before the arbitrator. The arbitrator while taking into consideration the terms and conditions and contract had awarded the claim. The objections raised against the award ought not to have conformed with the parameters of Section 34 of the Act and therefore, the Additional District Judge has rightly dismissed the objectons.