UNION OF INDIA Vs. WAZIR CHAND BHATIA

JUDGEMENT

(1.) AGGRIEVED by learned Additional District Judge Jammu's order dated 01.11.2004, refusing to set aside the award made and published by Shri B.M. Gupta on 18.05.1993, the appellants have filed this appeal.

(2.) APPEARING for the appellants, Mr. Gagan Basotra, raises a short submission. He says that Clause 70 of the Contract Agreement of the parties mandates the Arbitrator to indicate his findings on all matters which were referred to him for adjudication. Shri B. M. Gupta, the Arbitrator, while allowing the claims of the respondent, has not given any reasons in support thereof, thereby violating Clause 70 of the Contract Agreement, which was an error apparent on the face of the award and on that basis the appellants' application seeking setting aside of the award was required to be allowed. Order of Learned Additional District Judge Jammu, refusing to set aside the award, is, therefore, required to be set aside. Learned Counsel refers to Gora Lal v. Union of India reported as 2004 (1) Supreme 916.

(3.) I have considered the submissions of learned Counsel for the parties and gone through the records.