AO/121/2022
2025 Latest Caselaw 1368 UK

Uttarakhand High Court

AO/121/2022 on 29 July, 2025

                   Office Notes,
                      reports,
                     orders or
                   proceedings
SL.
        Date       or directions                           COURT'S OR JUDGES'S ORDERS
No
                        and
                    Registrar's
                    order with
                    Signatures
      29.07.2025                   AO No. 121 of 2022
                                   AO No. 213 of 2022
                                   Hon'ble G. Narendar, C.J.

Hon'ble Alok Mahra, J.

Heard Mr. Ashok Gupta and Mr. Siddharth Sah, learned counsel for the appellant in AO No. 121 of 2022 and for respondent in AO No. 213 of 2022 and Mr. J.P. Joshi, learned Additional Advocate General with Mr. S.S. Chaudhary, learned Standing Counsel for the State of Uttarakhand.

2. On perusal of the award, it is seen that there is no reference to any material of any evidentiary value much less evidence of any substantial nature. The amount, awarded in certain heads, is over and above the amount claimed by the appellant in the lead Appeal, i.e. the claimant. That apart, we see that there is not even a single reference by the Arbitrator to any of the material that has been placed before him demonstrating much less evidencing the deployment of personnel, the incurring of expenditure on infrastructure, repairs etc.

3. The award is ominously silent on this aspect and the award appears to be whimsical and without reference to any material on record. There is not a single reference to any of the material said to have been placed before the Arbitrator.

4. The learned counsel for the lead appellant claims that voluminous records have been placed, but unfortunately, we do not find any reference to the same, much less any discussion.

5. That apart, we have also perused the judgment of the challenge Court passed under Section 34 of the Arbitration and Conciliation Act. Even the challenge Court apart from referring to the contract conditions does not refer to any material of any evidentiary value, which goes to demonstrate the claim of the claimant, i.e. the appellant in the lead Appeal.

6. List for hearing and disposal on 02.09.2025.

                                        (Alok Mahra, J.)                     (G. Narendar, C.J.)
                                             29.07.2025                      29.07.2025
                                   Rathour