CHARANJIT TALWAR
VIKRAM CONSTRUCTION COMPANY – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) ON an application filed by M/s Vikram Construction Company, notices were issued to the Union of India as well as to the Arbitrator. The Arbitrator Mr. Kanwarjit Singh, who is working at present as Deputy Chief Engineer in the Railways filed a copy of the Award. On page 3 of the Award, which was published on 14th April, 1981, the learned Arbitrator has given a note dated 21st April, 1986, That note reads as under" Attested to be true copy of the original Award on Non-Judicial Stamp Paper. "
( 2 ) IT is an admitted case of the parties that the file of the arbitration proceedings has been misplaced. Infact the arbitrator in his affidavit of 21st April, 1986 has said so, in so may words. That file has not yet been traced out. The result is that neither the award in original nor the file of the arbitration proceedings is available.
( 3 ) MR. D. K. Kapur, learned counsel for the petitioner M/s Vikram Construction Company submits that in the circumstances of the case, the award is liable to be set aside. I may note that the petitioner has filed objections under Sections 30 and 33 of the Arbitration Act to the Award, Those objections were registered as IA 292/86. Inter
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