UNION OF INDIA Vs. B. S. RANBIR

JUDGEMENT

(1.) Instant appeal filed under Sec. 37 of the Arbitration and Conciliation Act, 1996 (in short the 'Act'), lays challenge to the judgment dtd. 11/8/2023, passed by the learned District Judge Kangra at Dharamshala, whereby objections under Sec. 34 of the Act, having been filed by the appellants to the awards dtd.12/4/2018 and 24/4/2018, passed by the learned Sole Arbitrator in Arbitration case No. 07/XIV/2018 pertaining to Contract Agreement CEPZ-26/2010-11, construction of School building and Staff Quarters for K.V. Dharamshala, Tehshil Dharamshala, District Kangra, Himachal Pradesh, came to be dismissed.

(2.) Precisely, the facts of the case, as emerge from the pleadings adduced on record by the respective parties are that aforesaid contract was executed between M/s Ranbir Singh and Co. and Chief Engineer Pathankot Zone for 'construction of school building and sta quarters for Kendriya Vidyalaya at Palampur on 6/12/2010 f r a sum f Rs.6,27,79,484.48. After completion of work, final bill for undisputed portion was paid on 28/10/2016, but since certain dispute a ose between the parties qua certain portions, matter came to be landed before the Sole Arbitrator in terms of Condition No.70 f IAFW-2249, who was appointed vide letter No. 13600/WC/915/07/E8 dtd. 31/3/2017. The Sole Arbitrator adjudicated the matter and vide awards dtd. 12/4/2018 and 24/4/2018 (Annexure A-2), awarded certain amount alongwith interest for different claims in favour of the respondent-M/s Ranbir Singh and Co.

(3.) Being aggrieved by the afore awards, appellants-Union of India and Chief Engineer Pathankot Zone filed an application under Sec. 34 of the Act for setting aside afore awards passed by the Sole Arbitrator, however vide order dtd. 11/8/2023, learned District Judge dismissed the application /objections with cost (Annexure A-1). If the awards are read in its entirety, it clearly emerges that objections under Sec. 34 of the Act, came to be dismissed on the ground that scope of interference in the Arbitral Award is limited. In the afore background, appellants-Union of India has approached this Court in the instant appeal, praying therein to set aside the afore awards on the grounds, which shall be taken note of in the later part of the judgment.