STATE OF RAJASTHAN Vs. PREM NARAIN SAINI

JUDGEMENT

(1.) THE present appeal has been filed by the appellants under Section 39 of the Arbitration Act, 1940 (hereinafter referred to as 'the said Act') challenging the order dated 26.3.03 passed by the District & Sessions Judge, Alwar (hereinafter referred to as 'the court below'), in Civil Arbitration Case No. 6/2000, whereby the court below has dismissed the objections raised by the appellants against the award dated 30.12.99 made by the Arbitrator and has made the said award rule of the court.

(2.) IN the instant case, it appears that the Arbitrator was appointed by the court under Section 20 of the said Act for resolving the disputes between the appellants and the respondent in respect of the work of widening of Alwar Bhiwadi Road. The Arbitrator after considering the evidence on record partly allowed the claims of the respondent to the extent of Rs. 83,548/- for the claim item Nos. 1 to 7 and Rs. 28,020/- in respect of refund of security deposit and also Rs. 20,000/- towards the legal expenses, as per the award dated 30.12.99. The Arbitrator also awarded interest @ 18% per annum from the due date i.e. 1.7.90 upto the date of reference i.e. 29.1.99 and also from the date of reference to the date of award. Being aggrieved by the said award the appellants had filed the objections before the court below which have been rejected by the court below vide the impugned order.

(3.) HOWEVER , the learned counsel Mr. S.R. Joshi for the respondent relying upon various decisions of the Apex Court submitted that the court cannot re-appreciate the evidence already appreciated by the Arbitrator nor can sit in appeal over the award made by the Arbitrator. According to him the Arbitrator has considered the claims of the respondent in detail based on the evidence and has given reasoned award which should not be interfered with by the court.