UNION OF INDIA Vs. PUNJAB COMMUNICATIONS LTD

JUDGEMENT

(1.) BY this application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter referred to as 'the Act') the applicant has prayed for setting aside the award dated 30.11.1999 made by respondent No. 2 (hereafter referred to as 'the Arbitrator').

(2.) BRIEF facts leading to the presentation of this application are that C.G.M.T. H.P. on 24.04.1996 entered into an agreement with respondent No. 1 (hereafter referred to as 'the respondent') for the maintenance of various types and makes of radio transmission systems in H.P. Circle. The agreement was to be effective from 10.05.1996 for a period of two years. The other conditions governing the contract between the parties were provided in the agreement including the arbitration clause providing for referring any question, dispute or difference arising between the parties under or in connection with the agreement to sole arbitration of the Arbitrator. The dispute arose between the parties and was referred to the Arbitrator who made his award dated 30.11.1999.

(3.) THE respondent resisted the application and in its reply raised the preliminary objection that this Court has no jurisdiction to entertain the present objection petition, that the objection petition is beyond the scope of Section 34 of the Act, that the petition is hopelessly time barred and that the respondent has not been sued through its Managing Director, therefore, the objection petition deserves to be dismissed. On merits, the grounds of objection against the award has been denied and the award in question has been supported as a whole.