Document Fragment View
Fragment Information
Showing contexts for: draft document in Mahanagar Telephone Nigam Ltd. vs Siemens Public Communication Network ... on 25 February, 2005Matching Fragments
18. On the face of the facts and circumstances of the case, there was no question of the theory of the two arbitrators having become "functus officio" soon after the signing of the Award being attracted because Justice Khanna though the signatory to the document treated the said document as a draft award/proposed award. As per Justice Khanna, the document which he forwarded to Justice Srivastava was a proposed draft which had been prepared without any deliberations with Justice Srivastava in anticipation of his approval. Justice Khanna, reiterated this position even in his last note but under certain erroneous belief wrote a note where he stuck to his earlier view that the Award for a sum of Rs.91,99,600/- with interest towards DDF was not justified but once he has signed the Award, he felt helpless in the matter. It is not uncommon for the authors of certain orders/documents to sign or initial the draft of the document so as to make it authentic draft emanating from a particular person. This incidence alone cannot be used to term the draft as final award. It is the intention of the author coupled with the circumstances which needs to be taken into account.