UNION OF INDIA Vs. BAWA JASBIR SINGH

JUDGEMENT

(1.) THIS is revision petition by Union of India having remained unsuccessful in both the Courts below. Respondent-Contractor M/s Bawa Jasbir Singh executed some work of the petitioner-Union of India. Disputes arose between the parties. The said disputes were referred to Arbitrator. The Arbitrator made his award dated 18.5.1993 awarding various amounts to the Contractor against different claims made by the Contractor. The Contractor filed application under Section 14(2) and Section 17 of the Arbitration Act, 1940 ( in short the Act) for directing the Arbitrator to file the award and for making award as rule of the Court. The petitioner filed objections under Section 30 of the Act against the award of the Arbitrator.

(2.) LEARNED Civil Judge (Junior Division), Chandigarh vide judgment dated 16.3.2001 dismissed the objections of the petitioner-herein and made the award of the Arbitrator as rule of the Court. Appeal preferred by the petitioner stands dismissed by learned Additional District Judge, Chandigarh vide judgment dated 3.6.2002. Feeling still aggrieved, the instant revision petition has been preferred by Union of India. I have heard learned counsel for the parties and perused the case file.

(3.) UNDER claim No.7, the Contractor raised claim of Rs.25,000/- for increase in the price of bricks. The Contractor revised his claim to Rs.53,980/-. The Arbitrator has awarded Rs.43,726.50ps. The petitioner alleged that increase in price of bricks took place on 16.9.1983 and by then 6,18,000 bricks had already been utilized and thereafter only 2,90,000 bricks were purchased by the Contractor. However, award of the Arbitrator is non speaking and, therefore, it cannot be discerned there from as to for how many bricks claim of the Contractor has been allowed. Consequently, this objection of the petitioner also cannot be accepted.