The High Court dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitration award relating to payment for marble flooring work. The court found no illegality or infirmity in the award.
The petition challenging the arbitration award is dismissed; all pending applications are disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
Arb. Case No. 75 of 2011
Date of Decision : June 11 , 2013
Sh. Janki Ram …Objector/claimant
Versus
State of H.P. & another … Respondents
Coram:
The Hon’ble Mr. Justice Sanjay Karol, Judge.
Sanjay Karol, J. (Oral)
This is a petition filed under the provisions of Section 34 of the Arbitration and Conciliation Act, 1996, assailing the Award dated 25.6.2011 passed by the Arbitrator-cum-Superintending Engineer, Arbitration Circle, H.P.P.W.D. Solan.
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allowed in the following terms:-
Award in favour of the claimant/contractor:
| Sr. No. |
Description of claim |
Amount claimed |
Amount awarded | Remarks |
|---|---|---|---|---|
| 1. | Balance payment for work |
Rs.9,76,604.75 | Rs. 36,172/- | |
| 2. | Interest | @ 24% per annum from 1.1.1997 |
Simple interest @ 7.5% per annum on an amount of Rs. 36,172/- for a period of twelve years i.e. upto the date of award. |
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under the provisions of Section 34 of the Arbitration and Conciliation Act, 1996. In my considered view, none of the ground, set out therein can be said to have been successfully pleaded or argued by the present petitioner. Most of the claims filed by the claimant stand rejected.
Hence, the present petition devoid of any merits is dismissed. All pending applications also stand disposed of.
(Sanjay Karol), Judge.
June 11 , 2013 (PK)
2 issues framed by the court
Whether the objector's challenge under Section 34 of the Arbitration and Conciliation Act, 1996 has any merit regarding the arbitrator's award.
Whether the impugned award suffers from any illegality, infirmity, or exceeds the scope of the contract.
1 provisions across 1 enactments
Sh. Janki Ram
State of H.P.
Sanjay Karol
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
