UNION OF INDIA Vs. DES RAJ NAGPAL

JUDGEMENT

(1.) THIS appeal under Section 39 of J&K Arbitration Act, 2002 is directed against order dated 23.12. 2002 passed by learned District Judge, Jammu, in case titled "M/S Des Raj Nagpal Vs Union of India", whereby the award dated 23. 12. 1998 passed by the sole arbitrator has been made rule of the Court.

(2.) BEFORE I dwell upon the grounds of challenge in the award, it is deemed necessary to give resume of the facts.

(3.) THE respondent -contractor executed certain works on behalf of appellants for which a Contract Agreement bearing No. CWE/JP -23/85 -86 came to be executed between the parties on 19.6.1985. The period for execution of work was from 2.7. 1986 to 1.4.1986. The work was however completed on 16.4.1992. Certain disputes arose between the parties for which some arbitration proceedings were initiated. The present arbitration proceedings commenced by the respondent -contractor which culminated in passing of the award dated 23.12.1998, wherein certain claims of the contractor were allowed by the arbitrator with interest for the pre -reference period, pendentelite and future. This award became subject matter of proceedings under section 30/33 of J&K Arbitration Act before the District Judge, Jammu in AA No. 6/1999. After inviting objections from the parties in respect to the award, the learned District Judge framed the following issues: