UNION OF INDIA Vs. AVTAR SINGH

JUDGEMENT

(1.) This appeal by special leave arises out of arbitration proceedings. It is rather unfortunate that the arbitration proceedings which commenced on 14th January, 1980 by the appointment of an Arbitrator to resolve the dispute which had arisen between the parties, arising out of a contract entered into between 1973 and 1975, have remained unresolved till date.

(2.) Certain disputes having arisen between the contractor on the one hand and the C. Public Witness D. (appellant herein) on the other, the contractor sought reference of the disputes to an Arbitrator in terms of Clause 25 of the Agreement. On 14th January, 1980, an Arbitrator was appointed to resolve the disputes between the parties, who entered upon the Reference on 15th February, 1980. The learned Arbitrator made his Award on 30th January, 1981.

(3.) The appellant filed objections under Section 30/33 of the Arbitration Act, after the Award was filed in the Court of the learned Civil Judge, Allahabad. The respondent resisted the objections but also pleaded that the Award had not been filed by a proper person and the same was beyond time. The learned Additional Civil Judge, Allahabad vide judgment dated 21st February, 1984 found that the Award had been filed in time and also by a proper person. The objection raised by the appellant to the effect that the Arbitrator had mis conducted himself was rejected. The Award was consequently made a Rule of the Court. A decree in terms of the Award followed. The appellant's first appeal against the Award failed in the High Court. Its appeal was dismissed on 20th May, 1988. Hence, this appeal by Special Leave.