PRAMOD KUMAR JAIN Vs. GIRDHARI LAL BATRA

JUDGEMENT

(1.) This is a petition by Pramod Kumar Jain under Sections 14 and 17 of the Arbitration Act for making the award dated 5.10.1989 as a Rule of the Court. Against this award objection by way of I.A. 9632/91 has been filed. Ms. Sidhu, Counsel for the objector has contended that the award passed on 5.10.1989 was a conditional award. She has contended that from the reading of the whole of the award, it will be manifestly dear that it was conditional award and on nonfulfilment of the condition of the award, the Arbitrator had the right to revoke and cancel the award, dated 5.10.1989 and it was further agreed between the parties that the Arbitrator could make another award.

(2.) She has further contended that Pramod Kumar Jain failed to comply with the condition of the award dated 5.10.1989 and on failure of said Pramod Kumar Jain to comply with the conditions of the award,a letter was issued by the Arbitrator that in case he will not comply with the condition, the Arbitrator would start the fresh arbitration proceedings and in these premises, the Arbitrator made a fresh award dated 4.4.1990. According to learned Counsel for the' objector in view of another award having been made on 4.4.1990 by the Arbitrator the award dated 5.10.1989 be set aside.

(3.) On the other hand. Counsel for the petitioner /claimant has contended that from the award as made on 5.10.1989 it would be borne out that the award was neither conditional nor any implied nor express consent was given by the petitioner to the Arbitrator to make a new award.