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1995 DIGILAW 627 (DEL)

ASHOK FOUNDRY AND METAL WORKS v. UNION OF INDIA

1995-08-14

B.K.RAMAMOORTHY

body1995
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 and Metal Works, Calcutta were REFERRED TO 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 :- " (I) The claim of Union of India (Controller of Stores) amounting to Rs. 4,72,425. 20 against M/s. Ashoka Foundry and Metal Works, Calcutta, is rejected. (ii) 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, AIR 1992 S. C. 232 and c AIR 1992 Ker 187 (F. B.) 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.