Union of
India Vs. M/S.Harbans Singh Tuli & Sons Build.(P)Ltd [2010] INSC 60 (20
January 2010)
Judgment
IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE
PETITION(C)NO.12299 OF 2004 VERSUS O R D E R 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.
2
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.
The
Special Leave Petition is disposed of accordingly. No costs.
..................CJI (K.G. BALAKRISHNAN)
...................J.(J.M. PANCHAL)
...................J.(Dr. B.S. CHAUHAN)
NEW DELHI;
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