SWAMINATHAN CONSTRUCTION Vs. THIRUNAVUKKARASU DHANALAKSHMI EDUCTION

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal has been preferred by the appellant against the order of the Principal District Judge, Thanjavur, dated 30. 06. 2003 in Arbitration Original Petition No. 71/2003 (in short "aop no. 71/2003" ). The Civil Revision Petition has been preferred by the same appellant as against the order of the same court passed in Execution Petition no. 43/2003 (in short "ep No. 43/2003") in an Arbitration Award on 01. 08. 2003.

(2.) THE brief facts which are required to be stated are:

(3.) ASSAILING the order of the learned Principal District Judge, thanjavur, Mr. S. Parthasarathy, learned senior counsel appearing for the appellant, after referring to the salient features of the provisions of Act 26/96, contended that the 1st respondent, having failed to challenge the award of the Arbitrator in the manner known to law under the provisions of the Act, had no right to question the same in an application preferred by the appellant under Section 9 of Act 26/96. Learned Senior Counsel then contended that the clause contained under the caption "general" in the conditions of contract and the words contained therein empower the Arbitrator to entertain the dispute between the appellant and the 1st respondent and therefore his Award dated 08. 03. 2002 was unassailable when the 1st respondent did not choose to challenge the same under Section 34 of the Act. The learned Senior Counsel relied upon the following decisions in support of his submissions.