BIHAR RAJYA PUL NIRMAN LTD THROUGH ITS MANAGING DIRECTOR SARDAR PATEL MARG OF MANGLES ROAD PATNA Vs. PILE ENGINEERING INDIA P LTD THROUGH ITS MANAGING DIRECTOR SRI MANORANJAN KUMAR SINHA NEW DAK BUNGLOW ROAD PATNA

JUDGEMENT

(1.) HEARD Mr. Lalit Kishore, learned Senior Counsel assisted by Mr. Vikash Kumar for the appellant and Mr. J.S. Arora assisted by Mr. Ajay Kumar for the respondents.

(2.) THE above appeal under Section 37 (1) (b) of the Arbitration and Conciliation Act 1996 (hereinafter referred to as the "Act") is directed against the order dated 2nd of September 2006 passed by the VIth Subordinate Judge, Patna in Miscellaneous Case No. 26 of 2004 dismissing the case whereby the application under Section 34 of the Act to set aside the Arbitration award dated 25.07.2004 was rejeced.

(3.) IT is further submitted that the existence of specific word "Arbitration" may not find mentioned clause 23 but very nature of the said clause which provides for adjudication in respect of the disputed claim is really an arbitration clause and accordingly, submits that Clause 23 of the agreement is an arbitration clause. In this connection, reliance has been placed in the case of State of Punjab and Ors Vs. Dina Nath as reported in 2007 (5) SCC, Page 28. IT is further submitted that decision of the Arbitrator on the merits of the claims, after hearing the parties and considering the documents, is final. IT is accordingly, submitted that application under Section 34 of the Act was rightly dismissed for want of statutory ingredients required for setting aside of the Award under the Act, as such, the appeal deserves to be dismissed.