MAYUR ENGINEERS Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) This appeal under Section 39 of the Arbitration Act, 1940 is directed against the judgment dated 17.6.1996 in Civil Suit No. 166 of 1993, passed by a learned Single Judge of this Court. By means of the impugned judgment, objections filed by the Respondents (hereinafter referred to as "the Defendants"), have been allowed and consequently the award passed by the Arbitrator on 11.6.1993 has been set aside.

(2.) Admitted facts of this case are that the Appellant (hereinafter referred to as "the Plaintiff"), entered into an Agreement CA No. GE CHZ-16/82-83 for providing water supply at Karcham. This agreement contained Clause No. 70, whereunder disputes between the parties to the contract as mentioned in this clause were referable to sole Arbitrator/Engineer Officer to be appointed by the authority mentioned in the tender documents.

(3.) Since disputes had arisen between the parties in relation to the aforesaid contract, Arbitrator was appointed the then Engineer, Chandigarh Zone, Chandigarh. Parties appeared before the Arbitrator. Submitted their respective claims/counter-claims and also filed documents in support thereof. Impugned award suggests, that the Arbitrator after examination of the record and after having heard learned Counsel for the parties gave his award on 11.6.1993. After the same was filed in this Court, notices were ordered to be issued to the parties.