BUILD INDIA CONSTRUCTION SYSTEM Vs. UNION OF INDIA

JUDGEMENT

(1.) LEAVE granted.

(2.) IN response to a Notice INviting Tenders (NIT) issued by the respondent on 12-9-1984, the appellant submitted the tender based on the tender document issued by the respondents. The tender submitted by the appellant was accepted. On 22-2-1985, the appellant signed a letter to the following effect :-

(3.) DISPUTES arose between the parties leading to cancellation of contract by the respondents on 3-11-1987 and again on 4-4-1990. On 31-5-1991, the respondents appointed a Senior Engineer Officer as the sole arbitrator in accordance with the arbitration agreement. On 28-9-1995, the arbitrator published his award allowing the appellant's claim to the extent of Rs. 80,000.00 only and rejecting the respondents' counter-claim. The award was made a rule of the Court by the learned single Judge of the High Court. In an appeal preferred by the respondent, the decree passed by the learned single Judge has been set aside by the Division Bench of the High Court which has also directed the award to be set aside and remitted back to the arbitrator for proceeding afresh and making a reasoned award. For doing so the Division Bench has relied on the amendment dated 4/09/1986 and held it to be applicable to the contract between the parties. Feeling aggrieved by the judgment of the Division Bench, the appellant has preferred this appeal by special leave.