MAHESH LALL SEAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This civil appeal by grant of special leave appeal seeks to challenge judgment and order dated 6.12.04 passed by a Division Bench of the Calcutta High Court allowing F.M.A.T. No.151 of 2004 filed by Union of India (respondents herein) challenging the Award of the Arbitrator dated 25.10.2000.

(2.) Before the High Court the main contention advanced by Union of India, on whose behest the property was acquired, was that the claimants had entered into agreement with the Government on 18.7.75 for sale of properties under Section 8(1)(a) of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as "the 1952 Act") at a fixed price of Rs.18, 98, 000/- and in terms of such agreement the full price was paid upon execution of an agreement in Form K on 26.5.93 and, therefore, there was no question of any dispute being referred to arbitration.

(3.) The short question which arises for determination in this civil appeal is: whether the impugned Award of the Arbitrator dated 25.10.2000 was null and void on account of absence of referable dispute to the Arbitrator. The background facts are as follows: