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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION(C)NO.12299 OF 2004

UNION OF INDIA ... PETITIONER(S)

VERSUS

M/S.HARBANS SINGH TULI & SONS BUILD.(P)LTD. ... RESPONDENT(S)

O R D E R

Heard learned Additional Solicitor General of India and  

the respondent-in person.

This Court, by an order dated 24th August, 2007, appointed  

the Arbitrator and the Arbitrator filed the Award on 26.04.2008. The  

petitioner-Union  of  India  was  given  an  opportunity  to  file  its  

objections to the Award and the objections were filed on 22.10.2008,  

after the period prescribed had expired.   

One of the contentions raised by the Union of India is  

that this Court had specifically directed that the Award should be a  

reasoned one and yet the impugned Award lacks the particulars and  

the Award is not sustainable in law. The Arbitrator has stated that  

the relevant records were not produced by the Union of India before  

the Arbitrator and in support of the claim, the claimant had filed  

affidavits and the deponents were available for cross-examination  

but they were not cross-examined by the appellant.  It being so, the  

Arbitrator   was   not   in   a   position to give detailed reasons.

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Therefore, the lack of detailed reasons cannot be claimed as an  

infirmity  and  the  Award  can  only  be  accepted.   It  may  also  be  

noticed that all the claims have been only partly allowed; only ten  

percent of the total claim of the respondent had been upheld by the  

Arbitrator.  Therefore, the objections are rejected and the Award  

passed  by  the  Arbitrator  is  made  decree  of  the  Court  and  the  

respondent would be at liberty to take other appropriate steps for  

execution of the decree.  

The awarded amount would be paid within a period of two  

months from the date of this order.

Applications are disposed of accordingly.

..................CJI (K.G. BALAKRISHNAN)

...................J. (J.M. PANCHAL)

...................J. (Dr. B.S. CHAUHAN)

NEW DELHI; 20TH JANUARY, 2010