UOI Vs. DALJIT SINGH

JUDGEMENT

(1.) This is an application by the UOI under Sec. 34 of the J&K Arbitration and Conciliation Act, 1997 ["the Act of 1997"] for setting aside the award dtd. 24/4/2002 published by the Sole Arbitrator Col. L. Padmanaban, the then Commander 35 BRTF (P) Beacon in a case titled 'Chief Engineer, Project Sampark vs M/S Daljit Singh and Bros.

(2.) The impugned award is assailed by the UOI-applicant on the ground that the learned Arbitrator has exceeded his jurisdiction by adjudicating claim No. 1 to 5 and 7 raised by the respondent-Contractor and, therefore, the award was beyond the terms of the submission to arbitration. Learned Arbitrator has also mis-conducted by not considering and adjudicating claim No.1 raised by the applicant. The non-applicant had appeared earlier and then absented. Objections too have been filed whereby the claim of the applicant is contested by the non-applicant.

(3.) Heard learned counsel for the applicant and perused the material on record in particular the award placed on record.