CBATE INTERNATIONAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS first appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act') is filed against the impugned judgment of the court below dated 23.4.2011 which has dismissed the objections filed by the appellant against the Award dated 9.10.2009.

(2.) COUNSEL for the appellant urges that Award which is passed under the 1996 Act has to be a reasoned Award in view of Section 31(3) of the 1996 Act. It is argued that the court below has wrongly ignored Section 31(3) in the facts of the present case inasmuch as the Award in question dated 9.10.2009 is a non -speaking Award.

(3.) THE appellant had filed a claim petition before the arbitrator and the respondent had filed a counter claim. The claim petition pertained to release of payment as also various deposits which were made by the appellant to the respondent and for recovery of deductions made by the respondent from the payment made to the appellant. The counter claim pertained to entitlement of the respondent to adjust all amounts claimed by the appellant on account of risk purchase tender which was issued by the respondent after terminating the contract on account of breaches by the appellant.