HIMACHAL CONSTRUCTION COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE claimant-contractor has filed objections, under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, Act), against the award, dated 30.12.2002, as corrected by supplementary award, dated 5.12.2002.

(2.) THE facts are that parties entered into an agreement for construction of TE Building at Rewalsar HP and a formal contract agreement No. 35/EE/TCD/SML/93-94 was executed between the claimant and the respondent. A dispute arose between the parties relating to various amounts. The claimant claimed Rs. 11,70,000/- with interest and respondent claimed Rs. 3,73,404/- The dispute was referred to sole arbitrator Sh. A.K.Nagar, Director (BW), vide letter dated 9.11.1999. The arbitrator entered into the reference on 17.11.1999. He ultimately made and published the award on 30.10.2002.

(3.) THE supplementary award has been assailed on the ground that the Arbitrator has not afforded to the claimant-objector any opportunity to plead his case and merely on the asking of the respondent, made the supplementary award dated 5.12.2002.