GENERAL MANAGER Vs. RAMDAS CONSTRUCTION COMPANY

JUDGEMENT

(1.) This is an appeal under the provisions of section 39 of the Arbitration Act of 1940.

(2.) Few facts giving rise to the appeal are stated thus -

(3.) A dispute arose between the Executive Engineer of the Western Coalfields Limited and the Firm about the execution of the work. The Firm filed an application before the Civil Judge (Senior Division), Nagpur for appointment of an Arbitrator and by an Order dated 30.7.1982 Shri S.D. Bedekar, Retired Engineer of Public Works Department was appointed as an Arbitrator. The Firm filed its claim before the Arbitrator. The Western Coalfields Limited also filed a reply to the claim statement. It appears from the record that the Arbitrator considered the claim statement to be the examination-in-chief and directed the Western Coalfields Limited to cross-examine the witness of the Firm, on the. same. Copies of certain communications exchanged between the parties were placed on record. On 25.9.1991, the Arbitrator passed a non speaking award directing the Western Coalfields Limited to pay a sum of Rs. 5,38,859.28 Paise to the Firm. Since it was a matter under the Arbitration Act, 1940, the Western Coalfields Limited filed an application under section 30 of the Arbitration Act before the Civil Judge (Senior Division), Nagpur for setting aside the award. The Civil Judge (Senior Division), Nagpur, however, rejected the application filed by the Western Coalfields Limited by the judgment and Order dated 5.5.2000. The award of the Arbitrator and the judgment passed by the Civil Judge (Senior Division), Nagpur on 5.5.2000 are challenged in the instant appeal.