TMI Blog2008 (8) TMI 969X X X X Extracts X X X X X X X X Extracts X X X X ..... or inspection on 26.7.1990, which were rejected on 21.9.1990 The respondent made a request for extension of time which was acceded to by the petitioner claimant and the time period for delivery was extended, as per the amendment letter dated 22.11.1990 The stores offered on the second occasion were accepted only to the extent of 2130 helmets on 1.2.1991 A second extension was sought by the respondent contractor and the period for delivery was extended upto 31.3.1991 3. As the respondent contractor failed to supply the balance quantity of stores, the contract was cancelled on 9.5.1991 for the undelivered quantity of 5870 helmets and a notice was issued by the petitioner claimant to the respondent contractor whereby they were informed of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on its part, raised three counter claims against the petitioner claimant. The first counter claim was on account of the withheld amount in the other bills and certain sums deducted by the UOI. The said counter claim was allowed to the extent of any amount withheld by the UOI. The second counter claim towards payment of interest @ 18% p.a from the due date to date of actual realization was disallowed by the sole Arbitrator. The third counter claim for cost was also disallowed. Aggrieved by the aforementioned award, the petitioner claimant has filed the present application. 6. Counsel for the petitioner claimant has confined his submissions only to one ground which is that the impugned award does not specify as to which were the deviation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court to the counter claim filed by the respondent contractor before the learned Arbitrator wherein the respondent contractor had pointed out 20 deviations in the risk purchase contract. 8. I have heard Counsel for the parties and have perused the arbitral records and the impugned award. At the outset, it is necessary to delineate the scope of interference by a Court in an arbitral award. It is settled law that the Arbitrator is the final arbiter of a dispute between the parties and it is not open to challenge the award on the ground that the Arbitrator has drawn his own conclusions or has failed to appreciate the facts. (Ref.: Sudarsan Trading Co. v. Government of Kerala, (1989) 2 SCC 38 : AIR 1989 SC 890). The Supreme Court has h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or, even if there is a possibility that on the same evidence, the Court may arrive at a different conclusion than the one arrived at by the arbitrator, that itself is not a ground for setting aside the award [Ref. MCD v. Jagannath, Amarnath, (1987) 4 SCC 497]. It is also well settled law that if a question of law is referred to the Arbitrator and he gives a conclusion, it is not open to challenge the award on the ground that an alternative view of law is possible [Ref. Alopi Prashad v. UOI, 1960 (2) SCR 799; and Kapoor Nilokheri Co-operative Dairy Farm Society v. UOI, (1973) 1 SCC 708]. 10. A perusal of the award in the present case shows that the learned Arbitrator disallowed claim No. 1 of the petitioner claimant while holding that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mis-appreciation of the facts. It is not the case of the petitioner claimant that there is a mis-appreciation of the facts. On the contrary, the stand of the petitioner claimant is that the reasons for arriving at a conclusion that there were deviations from the original contract have not been furnished. As indicated above, brevity of reasons cannot be a ground for rejection of an award. In fact, there are cases where non-speaking awards have been upheld in given facts and circumstances. In College of Vocational Studies v. S.J Jaitley, AIR 1987 Delhi 134, a Division Bench of this Court held as under: Para 18. From the judgments, as mentioned above, the legal position in brief emerges as under. There are limits for judicial reviewability ..... X X X X Extracts X X X X X X X X Extracts X X X X
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