JUDGMENT
J.D. Kapoor, J.
1. 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.
2. 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.
3. 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.
4. 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.
5. Petition and objection stand disposed of.