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1999 Supreme(SC) 96

R.C.LAHOTI, SUJATA V.MANOHAR
Ganges Waterproof Works Private LTD. – Appellant
Versus
Union Of India – Respondent


Judgment

R.C. Lahoti, J.-The disputes arising between the parties out of a contract entered into in the year 1978 were referred for arbitration consistently with the arbitration clause in the agreement. The Arbi­trator gave an award on 23rd August, 1982. Proceedings under Ss. 14/17 of the Indian Arbitration Act, 1940 (hereinafter referred to as ‘the Act’, for short) were commenced. The petitioner filed objections under Sections 30/33 of the Act which have been dismissed by a learned Single Judge of the High Court at Calcutta. An appeal preferred before the Division Bench has also been dismissed. The petitioner has pre­ferred this civil appeal.

2. Challenge to the legality and validity of the arbitration proceed­ings has been laid on three grounds: Firstly, that the claimant-Union of India (respondent herein) filed an additional statement accompanied by documents before the Arbitrator on 11th August, 1982, which was the last day of hearing and that was taken into consideration by the Arbitrator without affording the petitioner an opportunity for contesting the same or even delivering copy thereof to the petitioner; secondly though no oral evidence was adduced by any of the parties, ye








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