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2003 (8) TMI 368 - SUPREME COURTArbitral award - whether the respondent was entitled to any compensation for the alleged loss occurred on the ground of delay in completion of work, particularly when it was agreed that the extension of time was granted subject to payment of penalty? Held that:- Appeal allowed. This case stands on a different footing, namely, that the arbitrator while passing the award in relation to some items failed and/or neglected to take into consideration the relevant clauses of the contract, nor did he take into consideration the relevant materials for the purpose of arriving at a correct fact. Such an order would amount to misdirection in law. Therefore the matter requires reconsideration. Having regard to the facts and circumstances of the this case and particularly keeping in view the fact that the matter relates to pure interpretation of document which gives rise to question of law and instead and in place of remitting the matter to the named arbitrator, we would direct that the disputes in relation to claim item Nos. 3, 7 and 11 be referred to Hon’ble Mr. Justice D.N. Prasad, a retired Judge of the Jharkhand High Court on such terms and conditions as may be mutually agreed upon by the parties. The learned arbitrator is requested to consider the desirability of making his award as expeditiously as possible keeping in view the fact that the matter has been pending for a long time.
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