LAWS(J&K)-2010-4-42

PAWAN KUMAR GUPTA Vs. UNION OF INDIA (UOI)

Decided On April 05, 2010
PAWAN KUMAR GUPTA Appellant
V/S
UNION OF INDIA (UOI) Respondents

JUDGEMENT

(1.) Sh. S.K. Gupta Additional Chief Engineer, appointed as Arbitrator by the Competent Authority pursuant to the orders made by this Court in Arbitration Application No. 83/1992 on March 05, 1993, filed his Award in this Court which was registered as A.A. No. 189/1992.

(2.) Pursuant to the Notice issued by the Court to the parties on the filing of the Award, Union of India filed Civil Miscellaneous Petition No. 216 on 18.12.1995 under Sections 30/33 of the Arbitration Act seeking setting aside of the Award, inter alia, pleading that the Arbitrator had committed an error apparent on the face of records in making the Award without there being any oral or documentary evidence in support of the Contractor's Claims.

(3.) The issues arising out of the Union of India's challenge to the Award and the Contractor's Response thereto were framed as follows: