AIR 2002 SUPREME COURT 2437 ::2002 AIR SCW 2676 ::2002 (2) Arbi LR 1 ::(2002) WLC(SC)CVL 437 ::(2002) 3 GCD 2226 (SC) ::2002 (2) UJ (SC) 980 ::(2002) 2 ArbiLR 1 ::(2002) 4 CivLJ 602 ::(2002) 3 CivLJ 478 ::2002 (5) SCC 433 ::2002 (2) RecCivR 812 ::(2002) 4 Scale 440 ::(2002) 3 CurCC 353 ::2002 (2) CurCC 230 ::2002 (48) All LR 278 ::2002 (6) Bom CR 184 ::2002 (3) BLJ 728 ::2002 (3) ICC 1032 ::2002 (3) MadLJ4 ::(2002) 2 JCR 150 (SC) ::2002 (3) SLT 723 ::2002 (4) Supreme 95 ::2002 (6) SRJ 239 ::(2002) 4 JT 599 (SC)

Supreme Court Of India

(From : Mumbai (Bombay))*

Hon'ble Judge(s): R. C. Lahoti, B. N. Agrawal , JJ

(A) Contract Act (9 of 1872) , S.10— Arbitration Act (10 of 1940) , S.30— Government Contract - Unilateral amendment - Permissibility - Clause that arbitral award should be reasoned - Added unilaterally by Government - Consent given by contractor held did not cover such subsequent amendment - Amendment cannot be given effect to - Award not liable to be set aside for want of reasons - Plea of want of reasons cannot be raised for first time before Supreme Court. @page-SC2438 Constitution of India , Art.133— In the present case, the contract entered into between the parties provides an arbitration clause to refer all disputes to a sole arbitrator. It did not provide for a reasoned award to be given by arbitrator. The contractor had also signed an acceptance letter to abide by general terms and conditions of contract as modified. The Government subsequently amended the General terms and conditions of contract. The amended terms required to a reasoned award to be passed. Dispute arise between the parties. It was referred to arbitration. The arbitrator made an unreasoned award. The award were set aside by appellate Court on ground that in view of subsequent amendment made by Government in general terms and conditions of contract arbitrator was required to give a reasoned award. Held, the award was not liable to be set aside for want o....