STATE OF H P Vs. KATARLA BUILDERS

JUDGEMENT

(1.) This objection petition under Section 34(3) of the Arbitration and Conciliation Act (hereafter referred to as "the Act") has been preferred by the objector/State against the award dated 8-10-1998.

(2.) Case of the objector is that the dispute between the parties was referred for., arbitration by the sole Arbitrator who gave his award on 8-10-1998. However, the award is liable to be set aside on the grounds that (i) the Arbitrator has erroneously decided the issues which he has no power to decide, (ii) that the findings of the Arbitrator are based on surmises and conjectures, (iii) that the Arbitrator has acted without jurisdiction and (iv) the Arbitrator has wrongly considered the matters covered under clauses (2) and (3) of the contract as such matters were not arbitratual.

(3.) The objector also moved an application under Section 5 of the Limitation Act for condonation of delay in filing the objection petition, seeking exclusion of time it spent in prosecuting its objections against the award in other courts.