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1988 Supreme(Del) 336

Y.K.SABHARWAL
C. LYALL AND COMPANY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
VIPIN SANGHI

Y. K. SABHARWAL, J.

( 1 ) THE petitioner (for short contractor ) executed the work of strengthening of existing runway and construction of Taxi track and Apron at Bakshi-ka-Talab (Lucknow) pursuant to agreement No. 2/ee of 1962-63. As some disputes arose out of the said contract Mr. N. K. Aggarwal, respondent No. 2 was appointed as an arbitrator. The arbitrator made and published his award on 2nd February, 1971 awarding a sum of Rs. 7,12,459. 97 to the contractor. The award and proceedings were filed in this Court and respondent No. I has filed objections challenging the award in respect of claims No. 2 (i) to (v), ll (a) and (b) and 15 to the extent of Rs. 5,78,624. 96 particulars whereof are as under:-

( 2 ) ON pleadings of the parties, following issues were framed.

1. Whether the objections are within time ? If not, is the objector entitled to condonation of delay ?

2. Whether there are no disputes or differences between the parties ?

3. Had the arbitrator no jurisdiction in the matter ?

4. Is the award liable to be set aside for reasons given in the objection petition. If so, with what effect?

5. Is the petitioner debarred from claiming the amounts in dispute ?

6. Relief.

( 3 ) I ha
























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