RAKESH KUMAR VIJ Vs. STATE OF H.P.

JUDGEMENT

(1.) BRIEFLY stated, the facts of the case are that the Superintending Engineer HPPWD(Arbitration Circle), Solan was appointed as an Arbitrator with regard to the dispute arising between the parties in respect of the work "Shimla Bye pass, Phase-II and Km.7/195 to 12/125" vide agreement No.101 of 1994- 95. The Arbitrator made an award on 24.6.2004 in regard to the dispute in between the parties. Objections were filed under Section 34 of the Arbitration Act against the said award by the petitioner and this Court vide its judgment dated 30.12.2004, set aside the award and remitted the matter to the Arbitrator for deciding it afresh. The main reasoning given by the Court was that no opportunity had been given to the parties to be heard. The Whether the reporters of Local Papers may be allowed to see the Judgment? Arbitrator heard the parties and thereafter passed the impugned award dated 4.1.2006.

(2.) OBJECTIONS under Section 34 of the Act have been filed by the petitioner on the allegations that the petitioner had claimed a sum of Rs.25,53,428/- and the Arbitrator has allowed the claim to the extent of Rs.1,02,544/- and interest @ 9% per annum. The challenge made to the award is on the following grounds, namely,

(3.) ON the pleadings of the parties, the following issues were framed by this Court.