UNION OF INDIA Vs. NAVBHARAT NIRMAN CO

JUDGEMENT

(1.) THIS is an Appeal against order of the learned Single Judge dated 22. 01. 2009 whereby objections filed by Appellant, to execution of decree dated 12. 10. 2007 have been dismissed.

(2.) CERTAIN disputes, that he arisen between the parties, were referred for arbitration to Shri N. H. Chandwani, who at that time was working as arbitrator in the Ministry of Urban Development. Pursuant to repatriation of Shri Chandwani to his parent department, he was relieved of his duties with effect from the afternoon of 30. 11. 1990 vide office order No. 15011/2/85-UD-I dated 29th November, 1990. The office order also stipulated that in respect of Arbitration Cases which had been heard and were ripe for giving award, Shri Chandwani should give award within 10 days. The award in this case was made by Shri Chandwani on 11th december, 1990. The respondent filed petition under Sections 14 and 17 of arbitration Act, 1940, for making the award Rule of the Court. The appellant filed objections to the award under Sections 30 and 33 of Arbitration Act, 1940. The objections were allowed and the award was set aside by Additional district Judge, vide his judgment dated 9. 9. 91. The respondent preferred appeal against the judgment passed by the Addl. District Judge. The appeal filed by respondent being FAO No. 251/91 was allowed and the award was made Rule of the Court on 12th October, 2007. On execution being filed by respondent, the appellant filed objections under Section 47 read with Section 151 of Code of Civil Procedure, claiming that the award and decree passed thereupon were null and void as the award was passed 11 days after the arbitrator had relinquished the office. The objections having been dismissed, the appellant has come by way of this appeal against the order of Ld. Single Judge.

(3.) IT was not disputed before us that Shri N. H. Chandwani who was on deputation in Ministry of Urban Development, was repatriated vide office order No. 15011/2/89-UD-I dated 5th November, 1990 and pursuant thereto he was relieved with effect from afternoon of 30. 11. 1990 vide an office order of even number dated 29. 11. 1990.