V.K. Dewan and Co. vs Delhi Development Authority

J.D. Kapoor, J.—The objections filed by the petitioner-claimant mainly confine to the point that award is non-speaking in respect of certain claims whereas terms of the agreement specifically provides that award shall be speaking award.

I have perused the award. Almost in respect of each and every claim i.e. claims 6(c), 6(d), 6(e), 6(f), 7, 8, 10, the Arbitrator has avoided to provide reasons. As regards claim Nos. 4 & 5, the Arbitrator has made his observations that claim is not in accordance with the terms and conditions of the contract and claimants have failed to establish the claim in terms of the agreement. The Arbitrator is silent about what are the terms against which the claim has been preferred.

It is the bounden duty of the Arbitrator to give reasons so that both the parties know as to on what grounds award has been made. Award is highly laconic, sketchy and cryptic and is liable to be set aside as it does not fulfill the requirement of the agreement that casts obligation upon the Arbitrator to give reasons. Objections are hereby allowed.

Award is set aside and is remitted to the Arbitrator for giving the award afresh in accordance with law and terms of the agreement. If the earlier Arbitrator has retired, the respondent shall appoint a new Arbitrator within one month. The Arbitrator so appointed shall keep in mind the observations made in this order. The entire record be remitted to the concerned Arbitrator immediately.

Petition and objection stand disposed of.