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2010 Supreme(SC) 87

K. G. BALAKRISHNAN, J. M. PANCHAL, B. S. CHAUHAN
Union of India – Appellant
Versus
Harbans Singh Tuli & Sons Build. – Respondent


ORDER

1. Heard learned Additional Solicitor General of India and the respondent-in person.

2. 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.

3. 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 cl



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