M N NINAN Vs. STATE OF GOA

JUDGEMENT

(1.) By filing this petition, the petitioner has prayed for quashing and setting aside of the order at Exhibit-A passed by the IInd Additional District Judge, Panaji dated 12-11-2002. By the impugned order, the learned Addl. District Judge upheld the objections filed by the respondent and dismissed the execution application preferred by the present petitioner.

(2.) The petitioner herein filed an application under section 20 of the Arbitration Act, 1940 on 7-8-1995 before the Court of Civil Judge, Sr. Division, Panaji for direction to the respondent to file an arbitration agreement in the Court for appointment of a sole arbitrator as the respondent had failed to make appointment within the stipulated period. The respondent herein filed written statement in the said proceedings and contended that as per the modified clause of the arbitration agreement, for a claim which is more than Rs. 25,000/- a civil suit has to be filed and no arbitration agreement is provided. Subsequently, on 10-6-1998, the learned Civil Judge, Senior Division, Panaji allowed the application under section 20 and the parties where asked to suggest the name of an arbitrator. Thereafter, the petitioner suggested 3 names and the respondent's Advocate gave consent for appointment of one Shri B. V. Khanolkar, Retired Chief Engineer, Public Works Department and agreed that he may be appointed as the sole arbitrator in the matter. With the consent of both parties, accordingly, Shri B. V. Khanolkar was appointed as the sole arbitrator. The learned trial Judge, accordingly, recorded the said statement and passed an order appointing Shri B. V. Khanolkar as the sole arbitrator to adjudicate upon the disputes between the parties and directed him to file his Award within four months from the date of order. The said order is finding place at page 76 of the compilation. The matter, accordingly, went before the Arbitrator.

(3.) It is not in dispute that before the arbitrator both the sides agreed that the provisions of the Arbitration and Conciliation Act, 1996 will be made applicable for making the Award. Subsequently, both sides submitted their respective say before the Arbitrator and the Arbitrator ultimately declared his Award on 30-4-2000. The Arbitrator, hereafter, issued notices to the parties intimating the Award. It is required to be noted that the said Award of the Arbitrator was not challenged under section 34 of the Arbitration and Conciliation Act, 1996 and no application as contemplated under section 34 of the Act was preferred by the respondent. The present petitioner, thereafter, preferred an application under section 36 of the Arbitration and Conciliation Act, 1996 ("the New Act" for short) before the Additional District and Sessions Judge, North Goa, Panaji for executing the award.