SHIV NARAYAN DHINGRA
FLEX ENGINEERING LTD – Appellant
Versus
ANTARTICA CONSTRUCTION CO – Respondent
SHIV NARAYAN DHINGRA, J.
( 1 ) THE petitioner has filed this application under Section 34 of arbitration and Conciliation Act. 1986 for setting aside the arbitral award dated 24th November, 2003 alleging that the petitioner received the award on 5th December, 2003. In the application, the petitioner has submitted that the award of the arbitrator was tainted with fraud, misrepresentation, cheating and purgery committed by the respondent and the learned arbitrator despite having knowledge about the acts of omission and commission committed by the respondent while presenting the statement of claims along with forged documents, did not consider the submissions made by the applicant pointing out glaring discrepancies on the record and allowed the false and frivolous claim of the respondent. The award was in conflict with public policy of India.
( 2 ) THE respondent was awarded contract for road work by the petitioner in respect of site A-1, Sector 60 NOIDA vide work order dated 6th April, 1995. The respondent claimed that they had completed the road work to the entire satisfaction of the petitioner and submitted their final bills in respect of this work for a sum of Rs. 11,57,212/ -.
Referred to : Bhagwati Oxygent Ltd. v. Hindustan Copper Limited
Executive Engineer, Dhenkanal Minor Irrigation Division v. N.C. Budharaj
Hindustan Construction Co. Ltd. v. State of JandK
Secy., Irrigation Deptt., Govt. of Orissa v. G.C. Roy
Union of India v. A.L.Rallia Ram
Unit Jena case (Executive Engineer (Irrigation) v. Abhaduta Jen
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