SUPERINTENDING ENGINEER NATIONAL HIGHWAYS SALEM Vs. VCL SOMASUNDARAM

JUDGEMENT

(1.) A short legal point is alone involved in those two appeals arising out of arbitration proceedings. The point is, whether an arbitrator has power to send for the documents required by any of the parties before him. The appellant's contention is that an arbitrator has no such power and the party requiring any document to be sent for could only move the court for necessary directions. But the contention of the respondent is that an arbitrator himself has such a power.

(2.) THE facts which are necessary for the disposal of those two appeals may now be stated:

(3.) LEARNED counsel for the appellant contends that the arbitrator has no such power to send for any relevant document required by any of the parties and if at all the party requiring the document could only move the civil court for getting necessary directions and that the arbitrator himself could not send for the document. But, on the other hand, learned counsel for the respondent/contractor drew our attention to three decisions, which we find, support his contention that the arbitrator has such power to send for the documents.