STATE OF KERALA Vs. JAYARAJ

JUDGEMENT

(1.) These two appeals can be disposed of together, as they relate to the same matter. One is against appointment of an arbitrator and the other is against the orders refusing to set aside the award passed by him.

(2.) There were differences of opinion between a contractor and the appellants in respect of the work assigned to the former pursuant to execution of an agreement dated 29-8-1979. The contract was terminated before completion of the work. The contractor moved the lower court under S.20 of the Arbitration Act, 1940 (for short 'the Act') for appointing an arbitrator and also for referring the disputes to arbitration. The court first appointed one Sri. K. Sukumaran Nair (a retired District Judge). But Sri. Sukumaran Nair surrendered the appointment due to some reasons. Since the parties did not agree upon any particular person, the lower court appointed as arbitrator a person who is a retired Chief Engineer. The said appointment is now challenged in one of these appeals.

(3.) During the pendency of the appeal, the arbitrator conducted arbitration proceedings and passed an award. On the application to make the award a rule of court, the court below passed a decree in terms of the award. If the appointment of the arbitrator can be maintained, both appeals are liable to be dismissed. Hence the only point involved is whether the appointment of the arbitrator is bad in law.