KARAM SINGH LALL Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a civil revision filed by Karam Singh Lall (contractor) and has been directed against the judgment dated 3.3.1998 passed by Addl. District Judge, Amritsar, who set aside the order dated 11.10.1996 passed by the Civil Judge (Sr. Division), Amritsar, who dismissed the objections of the Government of India under Sections 30/33 of the Arbitration Act and made the award dated 3.2.1994 as rule of the Court.

(2.) The brief facts of the case are that Karam Singh Lall is the sole proprietor of M/s New Amritsar Construction Company. Respondent No. 3 Mr. M.S. Sahota re-considered the matter in dispute and gave the award dated 3.2.1994. When the award in question was received in the Court, notice of the making of the award was given to the parties. The Govt. of India filed the objections on 3.3.1994 stating that the award published on 13.6.1985 given by Lt.Col. P.K. Garg was remitted back for re-consideration vide order dated 9.4.1991 and Mr. M.S. Sahota, respondent No. 3, was appointed as sole arbitrator in place of Mr. P.K. Garg. He gave the award on 3.2.1994, which was filed in the Court on 9.2.1994. According to the objections of the Govt. of India, the arbitrator misconducted himself when he awarded a sum of Rs. 32,906/- against claim No. 2 to the contractor in gross violation of express condition No. 11. The contract period was prolonged upto 15.11.1982 by the department on the specific request of the contractor vide his application dated 23.1.1982. The deviation order dated 29.9.1982 shows revised dates of completion, which was accepted by the contractor without any protest. The deviation order dated 31.3.1983 was also accepted by the petitioner without any protest. In short, the stand of the Union of India is that if there was any delay in the execution of the contract, on that score the arbitrator could not award any damages to the contractor. The said objections were denied by the contractor, who supported the award given by Mr. Sahota. The pleadings of the parties gave rise to the following issues :-

(3.) Relief.