J N GUPTA Vs. ANIL CONSTRUCTION COMPANY

JUDGEMENT

(1.) These appeals arising out of the common judgment and decree of the City Civil Judge involving common questions of law and facts are proposed to be decided by a common judgment.

(2.) The brief facts giving rise to these appeals are as under :-

(3.) The main grievance of the Oil and Natural Gas Commission ( for short "Commission") was that the arbitrator had no jurisdiction to give second interim award and that too without fixing the date of hearing and inspite of knowing the fact that Shri J.N.Gupta, nominee of the Commission before the arbitrator for conducting arbitration proceedings had proceeded on leave. The arbitrator did not wait and on 2nd July, 1983, final award was given by him. It was also alleged that sufficient time was not given to the Commission in the arbitration proceedings as a result of which, principles of natural justice were violated. It was also objected that the arbitrator had no jurisdiction and authority to award interest. Misconduct on the part of the arbitrator was also alleged on two grounds. Firstly, that the award was illegally procured and secondly that there was misconduct on the part of the arbitrator by giving exparte award.