MOHINDER PAL Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) THESE two petitions are being disposed of by this order. Facts, in brief, are that a contract was entered into between Delhi Administration and Mohinder Pal by virtue of the which the work for increasing the capacity of Nazafgarh Drain was awarded to Mohinder Pal. There arose certain disputes with regard to the said contract and Mohinder Pal invoked Clause 25 of the Agreement which provided for reference of disputes to the arbitrator to be nominated by Chief Engineer concered. Admittedly the Chief Engineer had nominated Shri Kishan Chand then Director (TE), ,Central Water Commission, R.K. Puarm, New Delhi as sole arbitrator. It it an admitted fact that Shri Kishan Chand had reached the age of superannuation on April 30, 1986 but he continued to conduct the arbitration proceedings even after retirement and it is also not disputed that both the parties had given a consent in writing to the said arbitrator extending the period for making the award from time to time. However, later on the Government had refused to agree to the extension of time and thus the contractor Mohinder Pal filed the petition which is O.M.P. 23 of 1987 under Section 28 of the Arbitrator Act seeking that Court may extend the period for making the award as almost the arbitration proceedings are at a concluding-stage. It may be mentioned here that it is only on December 7, 1986 that the Chief Engineer concerned had required the arbitrator not to proceed with the arbitration case as he had since retired and he wanted the arbitrator to return all the papers including the arbitra.tion proceedings to the Chief Engineer to enable him to nominate another arbitrator.

(2.) THE Delhi Administration has filed the petition O.M P. No. 9 of 1988 seeking the leave of this Court to revoke the authority of the said arbitrator on the sole ground that he is seized to be arbitrator on his vacating his office on reaching the age of superannuation.