1. The affidavit in opposition is taken on record.
2. This Court is proceeding on the basis of the award and not the contents of
the affidavit in opposition.
3. This is an application for unconditional stay of the award. The grounds
for unconditional stay are that the arbitral tribunal failed to consider the
internal procedure and workings of the Railways. The learned tribunal
passed the award without understanding the procedure followed in
Railway contracts. Such procedure was known to the contractor. The
contractor agreed to abide by such procedure. Moreover, the price
variation of more than 25% was allowed, although such price variation
could be enabled only if the higher authority had allowed the same.
Further contention is that Claim No.3 could not have been decided
without any evidence.