Vijender Jain, J. (Oral)

( 1 ) THE award has been made by the arbitrator, Mr. R. K. Sarkar, Deputy Chief Engineer (Construction) D. W. Northern Railway on 6. 8. 1993. The respondent - UOI has filed objections to the award.

( 2 ) LEARNED counsel for the respondent - UOI Mr. Bhatia, has contended that the award has to be set-aside in view of the grant of claim Nos. 2, 3 and 4. Mr. Bhatia has contended that the award on these claims are outside the terms and conditions of the contract and arbitrator has acted without jurisdiction. He has also contended that the arbitrator has misconducted the proceedings by awarding this amount.

( 3 ) ON the other hand, Mr. D. P. Sharma, learned counsel appearing for the claimant-petitioner has contended that claim No. 2 was for expenses incurred for clearing the site and on account of no work executed apart from this head, claim No. 2 was for whatever work executed and no payment made also. The arbitrator on this head awarded a sum of Rs. 9750/= out of total claim of Rs. 25,000/=. Mr. Sharma has contended that arbitrator after taking into account as to actual work executed at the site and no payment was made by the respondent has awarded only Rs. 9750

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