STATE OF KERALA Vs. K KURIAN P PAUL

JUDGEMENT

(1.) :-

(2.) THIS appeal by the State of Kerala is against the order dt. 14-8-1986 made in O.P. (ARB) No. 332 / 85 by the Principal Sub Judge, Thiruvananthapuram. By the impugned order, the learned trial Judge (a) dismissed the appellant's petition No. 332 / 85 for setting aside the award in favour of the respondent Contractor and (b) made a decree in terms of the award of the Arbitrator which granted to the respondent a sum of Rs. 3,64,986.00 under various claims made by him.

(3.) CLAUSE 52 of the contract provides, inter alia, the mode of appointment of the sole arbitrator. Mr. Gopinath Nair, Chief Engineer, P. W. D. Kerala State, was appointed the sole arbitrator in accordance with cl. 52 of the contract. However, Mr. Nair subsequently retired from service of the Government. Nevertheless the parties proceeded with the arbitration, the Arbitrator completed the proceedings and made the award. An important stipulation in cl. 52 relevant to this appeal is this :