UNION OF INDIA Vs. GUPTA SANITARY STORES

JUDGEMENT

(1.) Both the Appeals U/S 39 of the Arbitration Act have been preferred against the same judgment, therefore these appeals are being decided by this common judgment.

(2.) A .O. No. 155/2001 has been filed against the judgment and order dated 29.8.2000 passed by Civil Judge (S.D.) Dehradun in O.S. Nos. 13/1997 and 16/97, whereas A.O. No. 649/2001 has been preferred against the aforesaid judgment passed in Misc. Case Nos. 11/97 and 14/98.

(3.) THE facts of the case giving rise to the present appeals are that work contract No. CE -B/14 year 1980 -81 was entered into between the parties. There arose some dispute with regard to aforesaid work contract between the parties. The Court appointed Sri J.P. Mittal, retired Chief Engineer, Irrigation Department as an Arbitrator in the matter. Against this appointment appeal was preferred before the Allahabad High Court, who cancelled the appointment of retired person as an Arbitrator. Thereafter Sri P.K. Pandey, Chief Engineer was appointed Arbitrator in the matter, who also retired before concluding the arbitration proceeding. Hence Sri T.N. Vidhani Superintending Engineer Jal Nigam was appointed as an Arbitrator, who gave award on 31.12.96. The said award was presented before the Court which was registered as O.S. No. 16/97. M/s Gupta Sanitary preferred application U/S 17 and 29 of the Arbitration Act to make the award rule of the Court, which was registered as O.S. No. 13/97. The Union of India preferred objection against the award which was registered as Misc. Case No. 11/97. The Court on considering the objection of the Union of India, reverted the claim No. 12 of the award of the Arbitrator to reconsider it. The Arbitrator after hearing both the parties and reconsidering the claim allowed the claim No. 12 in favour of the contractor. Thereafter the Union of India again filed objection which was registered as Misc. Case No. 14/98.