Heard learned Additional Solicitor General of India and
the respondent-in person.
This Court, by an order dated 24th August, 2007, appointed
the Arbitrator and the Arbitrator filed the Award on 26.04.2008. The
petitioner-Union of India was given an opportunity to file its
objections to the Award and the objections were filed on 22.10.2008,
after the period prescribed had expired.
One of the contentions raised by the Union of India is
that this Court had specifically directed that the Award should be a
reasoned one and yet the impugned Award lacks the particulars and
the Award is not sustainable in law. The Arbitrator has stated that
the relevant records were not produced by the Union of India before
the Arbitrator and in support of the claim, the claimant had filed
affidavits and the deponents were available for cross-examination
but they were not cross-examined by the appellant. It being so, the
Arbitrator was not in a position to give detailed reasons.
Therefore, the lack of detailed reasons cannot be claimed as an
infirmity and the Award can only be accepted. It may also be
noticed that all the claims have been only partly allowed; only ten
percent of the total claim of the respondent had been upheld by the
Arbitrator. Therefore, the objections are rejected and the Award
passed by the Arbitrator is made decree of the Court and the
respondent would be at liberty to take other appropriate steps for
execution of the decree.
The awarded amount would be paid within a period of two
months from the date of this order.
Applications are disposed of accordingly.