S. K. AGARWAL ( 1 ) BY this application, the Union of India (for short, "uoi"), has filed objections seeking modification of the award dated 30. 11. 1995 to the extent that instead of Rs. 1. 29,8381-, rs. 51,0511 is payable to the claimant/ petitioner. Notice of the application was issued to M/s Shree Rub Tex (India) Pvt. Ltd. (claimant), but service could not be effected despite several efforts. Thereafter on 21. 9. 2004, they were directed to be served by substituted service, in addition to the ordinary manner and by way of affixation at the claimant s address. As per the process server s report, notices were duly served by affixation at 54-B, Vivekanand Nagar, Kanpur and F-5/75/232, Halsey Road, Kanpur. The notice was also published in the newspaper aaj and copy of the same has been filed aiong with the affidavit. None appeared on behalf of the claimant, despite service, on the last several dates and no reply has been filed, accordingly, they are proceeded ex-parte. I proceed to dispose of objections on merits. ( 2 ) BY way of award dated 30. 11. 95, the learned arbitrator allowed claim no. l of the claimant (contractor) and held that a sum of rs 27,976/- was illegally withheld by the U. O. I. Learner, counsel submits that this amount has already been released and there is no dispute with regard to the same. ( 3 ) LEARNED Arbitrator while considering claim no. 2 of the contractor held that claimant is entitled to claim of Rs. 1,01,862/- as the amount illegally withheld and the same was also ordered to be released. Learned counsel for the respondent/uoi relying upon the letters written by the claimant argued that there is an error apparent on the face of the award and that the contractor is entitled to recover only Rs. 51,051/ -. Learned counsel referred to the letter dated 1. 7. 96, written by the claimant and argued that in this letter they have admitted that only Rs. 51,051/- is payable to them. There is a merit in this contention. The Relevant portion of this letter written by the claimant to the department after the award read as under: "with reference to the above and in continuation to our earlier letter dated 22. 5. 1996, it is clarified that out of the awarded amount of Rs. 1,29,802/- a sum of Rs.
There is a merit in this contention. The Relevant portion of this letter written by the claimant to the department after the award read as under: "with reference to the above and in continuation to our earlier letter dated 22. 5. 1996, it is clarified that out of the awarded amount of Rs. 1,29,802/- a sum of Rs. 27976/- has already been released from the subjection A/t as per your letter no. CP-6/1054 amdt. si. no. 1631 dated 7. 8. 91 a further sum of rs. 50,775/- has also been released from the subject a/t as per our letter no. CP- 6/cpo-3/054 dated 4. 4. 91. As such, we agree to accept the balance awarded amount of Rs. 51051/ - (cost of 737 nos rejected) as full and final settlement of all our claims, constituting the subject matter of reference to arbitration in the above cited case. You are requested to kindly make an immediate payment of the balance awarded amount, and save us from further financial losses. " ( 4 ) IN view of the above admission by the claimant that they are only entitled to recover only Rs. 51,051/ -. Thus the award is liable to be modified. Prayer for grant of interest has already been declined by the learned arbitrator. ( 5 ) FOR the foregoing reasons, objections are allowed. The award is modified and it is held that the claimant is entitled to receive the amount of Rs. 51,051/- instead of rs. 1,01,862/- against claim no. 2. With this modification, award is made as the rule of the court. All pending applications also, stand disposed of. No order as to the costs. .