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1998 Supreme(SC) 999

A.S.ANAND, D.P.WADHWA
Army Welfare Housing Organisation – Appellant
Versus
Gautam Construction And Fisheries LTD. – Respondent


Judgment

D.P. Wadhwa, J.-IAs 17 to 20 of 1998 are objections filed by M/s. Gautam Construction and Fisheries Ltd. (GC & FL) under Sections 15, 17 and 33 of the Arbitration Act, 1940 (for short, the ‘Act’) to the award dated September 9, 1997 of the sole Arbitrator, Justice V. Khalid, a retired Judge of this Court. IAs 21 to 24 are the objections similarly filed by the Army Welfare Housing Organisation (AWHO) against the same award.

2. GC & FL in their objections seek directions for modification of the award to correct an error with regard to wrong deduction of Rs. 30,000,00/- twice by the Arbitrator from their claims 1 and 13 in their statement of claim. They have also claimed interest @ 18% per annum on the amount of the award in their favour till payment. AWHO in their objections also seek modification of the award stating that their claim for anticipated liability towards completion of the contract was wrongly rejected by the Arbitrator when some of the amounts claimed were towards “firm liability”. Both parties disputed the objections of each other to the award as aforesaid.

3. Little background will be necessary to understand the objections raised by the parties. There was a c
































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