UNION OF INDIA Vs. PRINCE TILES

JUDGEMENT

(1.) Heard Counsel for the parties. This appeal arises out of a judgment and order dated 2nd Dec., 1999 passed by a learned Single Judge of this Court on an application filed by the appellant under Sections 30 and 33 of the Arbitration Act, 1940 for setting aside the award. The award in this case is a speaking award dated 18th Jan., 1999 by a retired Judge of this Honourable Court.

(2.) It is not in dispute that by a letter dated 29th Aug., 1997 passed by a learned Judge of this Court, the Arbitrator was appointed to adjudicate the disputes and differences between the parties. The said order was passed by the learned Judge on a petition under Sections 5, 11 and 12 of the Arbitration Act, 1940. By the said order, the learned Judge was pleased to revoke the authority of the previously appointed departmental Arbitrator and appointed Justice L.M. Ghosh, a retired Judge of this Court as arbitrator.

(3.) The following issues were framed before the learned Arbitrator for decisions :