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2001 Supreme(Del) 362

J.D.KAPOOR
UNITY ENGINIRS – Appellant
Versus
LIEUTENANT GOVERNOR DELHI – Respondent


Advocates Appeared:
C.S.Prashar, RISHIKESH

J. D. Kapoor

( 1 ) THE solitary legal objection to the award dated 28/01/1999 is that the arbitration proceedings were not maintainable as these were wholly barred by limita tion by virtue of clause 25 of the contract which provides for referring the disputes within 90 days from the intimation that the final bill is ready for payment. Remaining objections are as to the findings of facts given by the Arbitrator which are not enter- tainable as reappraisal of evidence or revaluation or the assessment of the material or evidence on the record does not come within the purview of the Court.

( 2 ) RECENTLY the Supreme Court in Arosan Enterprises Ltd. v. Union of India and anr, (1999) 9 SCC 449 made the following observations as to the role of the Court the hon ble Supreme Court as to such findings of the Arbitrator :-

"reappraisal of evidence by the Court is not permissible and as a matter of fact exercise of power by the Court to reappraise the evidence is unknown 10 proceedings under Section 30 of the Arbitration Acl. In the event-of there being no reasons in the award, question of interference of the Court would not arise at all. In the event, however, there are reasons, the inter feren









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