SURJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) For raising construction of. A. T. Sheds and allied accommodation at Uri, a contract was allotted in favour of the petitioner -firm and a contract agreement bearing No. CESZ-12 of 1984, was entered into between the President of India through Chief Engineer Srinagar Zone and the petitioner, M/s. Surjit Singh and Sons on 28-4-1984. The date of commencement and date of completion of the work as per contract agreement was 9-4-1984 and 8-4-1986 respectively. The petitioner, however, could not complete the work within the stipulated time. The respondent at his request granted extensions and after availing extensions the contract work came to be completed on 10-5-1988. Certain disputes arose between the parties. There being an arbitration clause in the agreement, Shri Vidaya Bhushan, Chief Engineer, was appointed as Sole Arbitrator for adjudicating upon the disputes. The Arbitrator published his award on 12-3-1996 and filed the same in the court for making the same rule of the Court.

(2.) Notice u/S. 14(2) of the Arbitration Act was issued to the parties. Petitioner-firm has not challenged the award and as such (Contd. on Col. 2) Claim No. Brief description of the claim Claimed Award Rs. 1. Reimbursement of damages suffered on account of various breaches of 6,51,000.00 2,07,000.00 contract (claim partly sustained) 2. Forcing claimant to rectify such defects which were caused due to misuse of 55,400.00 42,000.00 buildings forcibly occupied by troops during 'op-alert' 3. Shifting the site for SM barracks 26,200.00 5,000.00 4. Non-payment of final bill for the past about 4 years. 3,52,000.00 1,26,000.00 5. Payment of interest 24% Not adjudicated 6. Cost of reference 20,000.00 Nil. prayed it to be made rule of the Court. However, respondents-Union of India and others have challenged the award by making an application u/S.30/33 A. A.

(3.) From the pleadings of the parties, following issue has been framed :- "Whether the arbitrator has misconducted himself, if so how and what is its effect?"