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1989 Supreme(Del) 233

Y.K.SABHARWAL
K. C. BHATIA – Appellant
Versus
URBAN IMPROVEMENT TRUST – Respondent


Advocates Appeared:
M.VADHVANI, V.N.KALRA

Y. K. Sabharwal,j.

( 1 ) THE sewerage work: in Sector c of Greenfields Colony, Faridabad (Haryana) was awarded by the respondent/to the petitioner. Disputes and differences between the parties were objectorreferred TO to the sole arbitration of Brig. Harish Chandra (Retired) inaccordance with the arbitration agreement. The arbitrator has filed theaward and the proceedings in this Court The respondent has challenged thevalidity of award and has filed objections thereto (I. A. 766/88 ). On pleadingsof the parlies, following issues are framed :

(1) Whether there is any error apparent on the face of the award ? (2) Whether the award has been improperly procured ? (3) Whether the arbitrator is guilty of misconduct as alleged in theobjection petition ? (4) Whether the award is liable to be set aside ? (5) Relief.

( 2 ) PARTIES have filed evidence in the form of affidavits. As all theissues are inter-connected, it will be convenient to take them up together.

( 3 ) THE main objection raised by the respondent is that the arbitratorhad made and signed his award on 6th August, 7987 but it was typed on anon-judicial stamp paper purchased on 22/08/1987 which is aninconceivable proposition. The


















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