learned
Arbitrator has passed impugned award.
12. On looking to the award, learned Arbitrator has
considered the issue regarding construction of the building in
terms ... residential, construction of
commercial building has been made and construction is in
contravention of terms and conditions of JDA. The learned
Arbitrator has held that
construction cost recoverable by TML
under the Construction Agreement? -
(a) What is the constructed area for which the cost of
construction has to be paid ... annum, on the unpaid cost of construction under the Construction
Agreement dated 11.12.1995. The Arbitrator has awarded only simple
interest @ 7.5% per annum, reckoned only
this appeal.
(1) Is there an error made by the arbitrator in the construction of any of the terms of the reprint agreement ... present appeal directly with any question of construction at all. The question of construction, if it at all arises in the present appeal, arises
Union of India Vs. M/s. Gupta Construction Co. & Anr.
Arbitrator is never a matter which the Court questions and
considers and in para ... natural justice etc. The Court cannot correct errors of the
Arbitrator and the construction of the contract agreement, is within
the jurisdiction of the Arbitrator
agreed for such
construction the other party cannot put blame on one party
for such construction. Apart from this, as the construction
was over ... construction or by
finding that the construction is against the statute. These
points are all considered by the learned Arbitrator. Though
serious allegations of bias
letter was
ever proved before the Ld. Arbitrator. Holding as above, Ld.
Arbitrator concluded that the construction was to be
completed by 20.05.1992 in terms ... extra construction being raised and as he was
following the process of construction constantly and
therefore, the blame of extra construction and consequent
sealing could
reasonable
construction of Clause 7.2. The view of the arbitrator being
possible view on construction of Clause 7.2, and having not
been found absurd ... that arbitrator has
reached at a wrong conclusion. The courts do not interfere
with the conclusion of the arbitrator even with regard to
construction
referred for arbitration is a question of construction, which is, generally
speaking, a question of law, the arbitrator's decision cannot be set aside ... decision of this Court
in Nav Bharat Construction Co. In that case, interest was awarded by the
Arbitrator at the rate of fifteen per cent
upon the jurisdiction of
the arbitrator was speficially referred to the arbitrator
for his decision, the decision of the arbitrator is binding
on the parties ... jurisdiction of the
arbitrator was specifically referred to the Arbitrator for
his decision and therefore, the decision of the Arbitrator
is binding on the parties
lakhs shown in
the agreement as cost of construction. The arbitrator
after taking the sequence of events and
correspondence between the parties even after 31st ... granted by the
arbitrator, in our considered view is fair and equitable
one. The arbitrator awarded the amounts towards cost
of construction plus supervision
