Ashok Foundry & Metal Works vs Union Of India And Another
1995 Latest Caselaw 641 Del

JUDGMENT

K. Ramamoorthy, J.

1. The matter is very short one and, therefore, I do not want to deal with the facts in detail. The dispute between Union of India through Controller of Stores, Northern Railway and Ashok Foundry & Metal Works, Calcutta were referred to the sole arbitrator of Shri Vijay Kanwar, Executive Director, Mechanical Engineer, Northern Railway. The claim by the Union of India against the Foundry was to the extent of Rs. 4,72,425,20/-. The Arbitrator passed a non speaking award in the following terms :

"(1) The claim of Union of India (Controller of Stores) amounting to Rs. 4,72,425,20/- against M/s. Ashoka Foundry & Metal Works, Calcutta, is rejected.

(2) The parties shall bear their own costs".

2. I have gone through the objections filed by the Union of India and except dealing on the merits of the claim it is not stated as to how the award of the arbitrator is vitiated by any lack of jurisdiction. It is well settled that a non speaking award could be challenged by the party aggrieved if the party could show that the award is wholly without jurisdiction and the arbitrator had acted beyond the terms of the order of reference or the contract.

3. The decision of the Supreme Court in Associated Engineering Co. v. Government of Andhra Pradesh and another and Government of Kerala and another v. V. P. Jolly , are clear on the point. Therefore, I do not find any merit in the objections filed by the Union of India.

4. The objections filed by the Union of India are, therefore, rejected. The award is made rule of the court. No costs.

5. Petition allowed.