Shri Ghan Shyam Dass vs Union of India and Others

J.D. Kapoor, J.—This is an application u/s 14 and 17 of the Indian Arbitration Act seeking direction to the arbitrator to file the award and the proceedings in the Court and make the same as a rule of the Court. Pursuant to the notice, the respondent has filed the award which has been registered as Suit.

Perusal of the award shows that the claims of the petitioner were rejected except claim towards refund of security/earnest money amounting to Rs.10,000/- though according to the respondent the total security/earnest money was only Rs.8,264/-. The respondent also filed counter-claim for the amount of Rs.44,869/- besides Rs.4,859/- towards cost of cement bags.

It is a non-speaking award. The main objection is with regard to the claim of the security amount which has been awarded. In reply before the Arbitrator, the respondent admitted that the amount of Rs.6,000/- was earnest money and Rs.2264/- was deducted as security from CCI and Rs.2551/- towards security was retained in the final bill. As is apparent from the counter-claims of the respondent total amount payable to the claimant is Rs.10,815/- but the arbitrator awarded only Rs.10,000/-.

In Sudarsan Trading Co. Vs. Government of Kerala and Another, Hon''ble Supreme Court observed that it is not open to the Court to probe the mental process of the arbitrator and speculate where no reasons are given by the Arbitrator as to what impelled the arbitrator to arrive at his conclusion.

In the instant case the arbitrator has merely set out the claims and given the history of the claims and then awarded certain amount. Same is the position with regard to the rejection of the counter-claim. Since in the absence of any reasons for making the award, the Court shall not interfere with, the objections are hereby dismissed. Award is made rule of the Court. Suit is decreed in terms of the award with pendente lite and future interest @ 12% till realization as awarded by the arbitrator.

Suit and is stands disposed of.