UNION OF INDIA Vs. MAHESHWARI BUILDERS

JUDGEMENT

(1.) THIS appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ('the Act') has been filed against the order dated 22.12.2011 passed by the District Judge, Jaisalmer, whereby the application filed by the appellant for setting aside the arbitral award under Section 34 of the Act was dismissed.

(2.) THE brief facts of the case may be noticed that an agreement was entered into between the appellant ­ Union of India and the respondent contractor for construction of 'married accommodation at Pokran'. The work was completed on 9.6.2004 and the contractor accepted the final bill under protest, but later on the protest was withdrawn.

(3.) THE contractor approached this Court under Section 11(6) of the Act and the arbitration application filed by the contractor was allowed by order dated 4.5.2007 in M/s. Maheshwari Builders v. Union of India & Anr. : S.B. Civil Misc. Arbitration Application No.98/2006. This Court, while appointing arbitrator and referring the dispute to him observed thus :