H P KRISHIVISHVA VIDYALAYA Vs. KULBHUSHAN SOOD

JUDGEMENT

(1.) Admit. With the consent of the parties the appeal is taken up for final hearing today itself. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (here-in-after referred to as the Act) is directed against the order of the learned Additional District Judge, Kangra at Dharamshala in Arbitration Case No. 3-P/2002 decided on 6.9.2008, whereby he has dismissed the objections filed by the present appellant against the award of the Arbitrator.

(2.) The facts, in brief, are that the appellant Himachal Pradesh Krishvishva Vidyalaya, Palampur, (here-in-after referred to as HPKVV), awarded the work of construction of Women Training Hostel at HPKV, Whether the reporters of the local papers may be allowed to see the Judgment Yes.

(3.) Palampur to the respondent (here-in-after referred to as the Contractor). An agreement was entered into between the parties which contained an arbitration clause. Dispute arose between the parties and the contractor laid certain claims. These disputes were referred for resolution to the sole arbitrator, namely, Superintending Engineer, Arbitration, HPPWD, Solan. The Arbitrator awarded a sum of Rs. 2,14,700/- in favour of the contractor. The contractor was also awarded 12% interest on this amount for four years upto the date of award and future interest was awarded at the rate of 18%. This award was challenged on various grounds. The learned Additional District Judge rejected the contention of the University and upheld the award.