Arbitration
Tirupati International
(Querist) 23 May 2010
This query is : Resolved
A Small Scale Industrial Unit has received two awards made by the Learned Arbitrator appointed by the DGBR (Director General Border Roads).
a)The awards were challenged by the Chief Engineer although the Arbitrator were his own collegues appointed by DGBR.
b) On enquiry it was revealed that it is a Gov.of India policy to challenge all awards .
c) The very purpose of the Arbitration Act , as a forum for quick resolution of disputes is defeated , if it is correct that Gov of India has given directions to challenge all awards.
d) The award took 2 years to be published.The Dist Court took 3and a half years to uphold the award.
e) The matter lies before the Hon.High Court now for 2 years.
f) Although the Interest on delayed payments to SSI units makes it obligatory for the Organisation challenging the award to deposit 75% of the value of the award in Court, is it true that awards can be challenged without such deposit and cases kept pending for justice for years together ??
Can learned friends guide a way for quick disposal.
The SSI unit is in brink of collapse and is there any way to assist speedy disposal.??
Guest
(Expert) 23 May 2010
You can move an 'urgent petition' before HC mentioning all the above facts, seeking (i) Direction to dispose the case within certain time as the SSI is in the brink of collapse (ii) Direct to deposit an interim award amount.
Raj Kumar Makkad
(Expert) 23 May 2010
It is a hard fact that legal machinery takes such long period that sometime the sufferer comes to death table as seen in your SSI matter. It shall be better to follow the way suggested by Siva.
