Hindustan Construction Corpn. vs D.D.A. And Anr.
2001 Latest Caselaw 174 Del

JUDGMENT

Madan B. Lokur, J.

1. The Respondent has challenged an Award dated 24th April, 1996 passed by Justice H.R. Khanna, a retired Judge of the Supreme Court.

2. On a perusal of the record, it appears that the learned Arbitrator gave ample opportunities to the Respondent to enter appearance and to contest the claims on merits. The Respondent, for reasons best known to it, did not bother of contest the proceedings before the learned Arbitrator.

3. Accordingly, the learned Arbitrator resolved the disputes ex-parte and published his Award.

4. The Respondent has filed objections to the Award under Sections 30 and 33 of the Arbitration Act, 1940 (for short the Act).

5. After hearing learned counsel for the parties, it appears to me that most of the objections that have been taken by the Respondent are on the merits of the case, which the Respondent unfortunately did not choose to contest before the learned Arbitrator.

6. It is also contended by learned counsel for the Respondent that the learned Arbitrator chose to look into some matters which were beyond his jurisdiction. No such objections were raised before the learned Arbitrator and it is not possible for me to entertain such objections under Sections 30 and 33 of the Act.

7. It is also contended that with regard to Claim No. 1, no reasons have been given by the learned Arbitrator. However, I find that the learned Arbitrator has given reasons and, therefore, this objection is also not sustainable.

8. There does not appear to be any error apparent on the face of the record. Accordingly, the objections are dismissed and the Award is made a rule of the Court.

9. The Respondent should make the payment of the awarded amount to the petitioner within a period of eight weeks from today, If the amount is not paid within eight weeks, the Petitioner will be entitled to interest at the rate of 12% per annum from the date of the Award till realisation.