UNION OF INDIA Vs. SOMNATH GUPTA

JUDGEMENT

(1.) In this miscellaneous appeal, filed by the Union of India through the Chief Engineer, Project Chetak C/o 56 APO, under Section 39 of the Arbitration Act against the judgment and decree dated 6.4.1996 passed by the District Judge, Bikaner in Civil Misc. Case No. 142/94.

(2.) According to facts of the case, agreement was arrived at in between the appellant and respondent for supply of stone and stacking of stone metal, stone screening and sand in sector Pugal Bajju on the road Birdwal Pugal Shri Mohangarh. During the progress of the aforesaid work, dispute arose in between the parties to the contract with regard to terms of the contract. As per arbitration clause contained in the said contract, matter was referred to the Arbitrator by the Engineer in Chief. The Arbitrator passed award on 23.8.1994. Thereafter, respondent firm filed award in the Court of District Judge, Bikaner and, in the application filed for making the award Rule of Court, notices were issued by the Court.

(3.) A reply to the aforesaid application was submitted on behalf of the appellant and the appellant contested that the Arbitrator has not complied with the provisions of the Arbitration Act, therefore, it is alleged that the Arbitrator has misconducted in the proceedings while making the award and, accordingly, the award should not be made Rule of Court. It is also contended that since the Arbitrator has not awarded any interest, therefore, while making the award Rule of Court, fresh award cannot be made in favour of the respondent.