UNION OF INDIA Vs. TRIVENI CONSTRUCTION

JUDGEMENT

(1.) The present appeal has been filed by the Union of India, under Sec. 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the Arbitration Act') read with Sec. 13 of the Commercial Courts Act, 2015, for setting aside the judgment dtd. 21/1/2025 passed by the learned Additional District Judge-Commercial Court, Pathankot, whereby the petitions filed under Sec. 34 of the Arbitration Act, both by the appellant as well as the respondent No.1, for setting aside the arbitration award dtd. 19/3/2018, were dismissed.

(2.) Tersely, respondent No.1 invoked the process of arbitration for adjudication of its claims, which culminated in the Award dtd. 19/3/2018 (Annexure A-2), whereby a sum of Rs.2,15,44,109.00 was awarded in favour of respondent No.1 and against the appellant-Union of India. The said amount was to be paid within six weeks from the date of the award failing which it was to carry interest @ 12% per annum from the date of the award till its realization.

(3.) Upon notice of the petitions under Sec. 34 of the Arbitration Act and on consideration of the respective submissions advanced on behalf of the Union of India and the contractor-M/s Triveni Construction, the learned Additional District Judge-Commercial Court, Pathankot, concluded that the award passed by the Arbitrator was based on logical reasoning and does not suffer from any illegality or error nor the learned Arbitrator had mis-conducted the proceedings nor the same was against public policy. Both the petitions were, thus, dismissed holding that no ground was made out as per Sec. 34 of the Arbitration Act, which could warrant setting aside the impugned award, vide judgment dtd. 21/1/2025.