BALWANT SINGH AND SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of all the four arbitration applications, as common question of law is involved in all the petitions.

(2.) In AA No. 23/2001, for execution of a Civil contract for construction of accommodation for Army personal, the work was allotted to the Petitioner under Contract No. CEUZ-31/86-87. The date of commencement of the contract was fixed for 28-2-1987 and the date for completion of work was fixed as 28-2-1989 and the value of the contract was for a sum of Rs. 62,11,139.80. Dispute arose in respect of the execution of the contract as a result of which the arbitration clause in the agreement was invoked by the Petitioner. It may also be noted that dispute arose on account of cancellation of the contract by the Respondents on 30-4-1993. It transpires that Respondents appointed Shri T.K. Mittal as the arbitrator on 30-4-1998 to adjudicate upon the dispute between the parties. The arbitrator passed an ex-parte award on 30-5-2000.

(3.) According to the Petitioner the award was received by him on 22-6-2000. The award came to be filed in this Court on 27-4-2001. Feeling aggrieved of the award, Petitioner has filed petition under Section 30/33 of the Arbitration Act for setting aside the award dated 30-5-2000.