PUROLATOR INDIA LTD Vs. STATE OF J&K

JUDGEMENT

(1.) This application under Section 30 read with Section 33 of the Arbitration Act, 1940 has been filed for setting aside the award dated 22.12.1999 passed by the Arbitrator.

(2.) Facts giving rise to filing of this petition briefly stated are that a contract for construction of Waste Water Management Treatment Plan at SMHS Hospital, Srinagar, Kashmir was allotted by the Chief Engineer, J&K, Urban Environment Engineering Department vide order dated 20.03.1987 and an agreement was executed in favour of the respondent t1herein on 23.01.1988. The dispute between the parties arose pursuant to which the matter was referred for arbitration. The Arbitrator by the impugned award has decreed the claim of the respondent. Being aggrieved, the petitioner has filed this petition for setting aside of the award.

(3.) Learned Sr. AAG for the petitioner at the outset submitted that the award is a non-speaking award and, therefore, on this ground alone is liable to be set aside. In support of his submissions, learned Sr. AAG has referred to decision of the Supreme Court in the case of M/s Anand Brothers Pvt. Ltd v. UOI,-and ors, 2015 AIR(SC) 125. On the other hand, learned counsel for the respondent while referring to Constitution Bench decision of the Supreme Court in the case of Raipur Development Authority vs Chokhamal Contractors Etc. Etc, 1990 AIR(SC) 1426 has submitted that the award cannot be set aside merely on the ground that it does not contain reasons in support of the conclusion or decisions reached in it except where the arbitration agreement or the deed of submission requires him to give reasons.