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2004 Supreme(Del) 566

ANIL KUMAR, VIJENDER JAIN
D. D. A. – Appellant
Versus
BHAGAT CONSTRUCTION CO. PVT. LTD. – Respondent


Advocates appeared:
K. K. Bhuchar - Appellant.
Sandeep Sharma - Respondent.

JUDGMENT

VIJENDER JAIN, J. (ORAL)

This appeal has been filed impugning the order passed by the learned Single Judge whereby the petition of the appellant was dismissed on 21.03.2001. Pursuant to an Arbitration clause in the agreement the matter was referred to the Arbitration by appellant and a retired Director General, CPWD was appointed as the Arbitrator. The Arbitrator gave its Award dated 27.11.1990.

Mr. Bhuchar, learned counsel for the appellant has limited his argument on the grant of Rs. 3 lakhs 50 thousand under the Claim No. 7 by the Arbitrator. Said finding of the Arbitrator has been approved in the impugned order passed by the learned Single Judge. The main argument of learned counsel for the appellant is that the Arbitrator has not given any reason for coming to the conclusion that under Claim No. 7 the appellant was to pay a sum of Rs. 3 lakhs 50 thousand. In nutshell the argument of the learned counsel for the appellant is that in the Arbitration clause it was specifically provided that the Arbitrator was to give reasons, non-giving of reasons by the Arbitrator in arriving at the figure of Rs. 3 lakhs 50 thousand has vitiated the Award and, therefore, the finding on th










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