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2002 Supreme(Del) 406

DALVEER BHANDARI, VIKRAMAJIT SEN
UTTAM SINGH DUGGAL AND SONS – Appellant
Versus
UNION OF INDIA – Respondent


VIKRAMAJIT SEN

( 1 ) AT the vortex of the controversy that has arisen in these two Appeals is the following Arbitration clause:

"the Arbitrator shall give his Award (within a period of six months from the date of his entering on the Reference or within the extended time as the case may be) on all matters referred to him and shall indicate his findings, along with the sums awarded separately on each item of dispute. "

( 2 ) THE words in parenthesis are not found in every agreement, but that would not make any material difference to the present controversy, since they merely prescribe the period within which the award must be published. This Arbitration Clause has already received judicial scrutiny by several Single Benches of this court. In Charanjit Kochhar v. Union of Indiaand Anr. 2001 VII AD (DELHI) 1164, V. S. Aggarwal, J. has concluded that the word finding does not mandate the recording of reasons in the award. A contrary view has been taken by C. M. Nayar , J. in Walaiti Ram Gupta v. Union of India and Ors. , 1995 (32) DRJ 679, i. e. , that the arbitrator is obliged to give reasons. In FAO (OS) 67-A/84 (hereinafter referred to as uttam Singh s case ) J. D. Jain, J. in his im




















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