OM AND COMPANY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a petition filed by the applicant (M/s Om and Company) under Section 14 read with Section 17 of the Arbitration Act, 1940 for making the award a rule of the Court and for a decree to be passed in terms of the award.

(2.) The relevant facts are that the engineer member Delhi Development Authority had appointed Shri R.C. Malhotra as the sole arbitrator. Vide award dated 23rd September, 1994 the learned Arbitrator allowed certain claims of the petitioner and in pursuance of the notices having been issued the Delhi Development Authority had filed the objections. The same have to be considered here-in-after. Needless to state that in the reply filed all the assertions or objections of the objector (Delhi Development Authority) have been controverted.

(3.) Learned counsel for the objector had assailed the award primarily on the ground that it is not supported by the reasons as required by Clause 25 of the Arbitration Agreement between the parties and, therefore, the award as such is liable to be set aside.