CHETAK CONSTRUCTIONS LTD. Vs. SANGHI BROS.

JUDGEMENT

(1.) The applicant being dissatisfied by the order dated 25 -2 -1997 passed in Civil Original Suit No. 60 -A/1994 by the learned Sixth Additional District Judge, Indore, granting the application filed by the non -applicant No. 1 under Section 28 of the Indian Arbitration Act. 1940, extending time in favour of the Arbitrators for delivering the award, has preferred this revision petition.

(2.) BRIEF facts necessary for the disposal of the petition are that for some dispute between M/s. Sanghi Brothers Ltd. (non -applicant No. 1) and the present applicant M/s. Chetak Constructions Ltd. the matter was referred for decision to the Arbitrators. Hon'ble Shri Justice P. D. Mulye (retired) and Shri B. L. Pavecha (Senior Counsel) were appointed as Arbitrators by the parties. Undisputedly, Hon'ble Shri Justice G. L. Oza (retired Judge of the Supreme Court) was appointed as Umpire.

(3.) MR . Sanghi, Senior Counsel, appeared with Mr. M. L. Agrawal for the applicant and Mr. G. M. Chaphekar, Senior Counsel appeared with Mr. J. W. Mahajan for the non -applicant No. 1. They were heard at length. The case was closed for orders on 16 -5 -1997. The Court found that the record of the Umpire and the Arbitrators was not available, therefore, on 19 -8 -1997, the records were requistioned from them. The Arbitrators sent their records immediately. The Umpire informed the Court that the original records were not placed before him, and the parties appeared before him. once, the Umpire recorded the proceedings in the order sheet which was immediately given to both the parties. The Umpire informed the Court that he did not have any original records with him.