M.S. RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appeal is directed against an order dated 20th November, 1981 passed by the learned Sub -Judge First Class in Suit No. 344/79.

(2.) CERTAIN disputes arose between the parties and the appellant raised certain claims. It appears that a learned Single Judge of this Court (Hon'ble Mr. Justice Rajender Sachar) was pleased to direct the Chief Engineer of PWD to appoint an Arbitrator in accordance with Clause 25 of the contract between the parties. Mr. V.V. Vaze was appointed as the sole Arbitrator and he entered into the reference on 17th July, 1972. He subsequently resigned as the sole Arbitrator and in his place Kumari K.P. Sarojini was appointed as the sole Arbitrator. She, however, resigned as the sole Arbitrator on 21st September, 1977 and thereafter Mr. N.C. Gupta was appointed as the sole Arbitrator on 20th April, 1978.

(3.) THE appellant has since filed objections against the Award under Sections 30 and 33 of the Arbitration Act, which are said to be pending in the District Court. Learned counsel says that one of the objections he has taken is that his claims have not been referred to, dealt with and considered by the sole Arbitrator Mr. Gupta. If this is so it is always open to the appellant to challenge the Award on this basis also and if the appellant succeeds in showing that he had claims which ought to have been dealt with by the sole Arbitrator, the learned Judge hearing the objection petition can always refer the disputes to the Arbitrator.