PUNJAB KHAND UDYOG LTD Vs. AMAR NATH AGGARWAL

JUDGEMENT

(1.) This F.A.O. has been preferred by Punjab Khand Udyog Limited, Chandigarh, against the order of the Subordinate Judge First Class, Chandigarh, dated June 10, 1985, as per which the objections filed by the appellant under sections 30/33 of the Arbitration Act, 1940 , against the Award of the Arbitrator, dated March 21, 1984, made in favour of the respondent, were dismissed and the said Award was made Rule of the Court.

(2.) A brief narration of the facts is necessary to understand the dispute. The respondent Amar Nath Aggarwal entered into an agreement with the appellant for the construction of a Sugar Mill at Zira. Some differences arose between the parties regarding the execution of the work and in terms of the agreement entered into by the parties earlier, the dispute was referred be Shri S.S. Mongia, Superintending Engineer, National Highway Circle, PWD, B & R Branch, Chandigarh, for arbitration. The arbitrator gave his Award on March 21, 1984 in favour of the respondent. Contractor for a sum of Rs. 9,94,800. The appellant Udyog, as already noticed, filed objections against the said award on various grounds which have been detailed, in the order under appeal and these need not be recapitulated, for the person that at the time of the arguments before the lower Court, the appellant confined its arguments in regard to only four of the objections taken up by them in the petition. A reference to these objections shall be made in due course. The respondent in his reply to the objection petition took up various preliminary objections, the essential one being that the objection petition did not bring out any mistake of law or fact apparent on the lace of the award. On merits, it was contended that the award made by the Arbitrator was quite legal.

(3.) The trial Court framed the following issues to cover the controversial points in the pleadings :