UNION OF INDIA Vs. K. SATYANARAYAN & CO.

JUDGEMENT

(1.) This matter has been referred to the Full Bench by a Division Bench of this court for answering the following questions of law:-

(2.) The fact of the matter lies in a very narrow compass. The parties, admittedly, entered into an agreement on 15.6.1973 for execution of earth work information, bridge work and miscellaneous works. The said contract contains an arbitration agreement, which reads as follows:-

(3.) The respondent-firm filed an application on 2.3.1982 before this Court under Sec. 20 of the Arbitration Act praying therein that the respondents be directed to file the aforementioned arbitration agreement dated 15.6.1973 and for appointment of an Arbitrator in terms thereof. Pratibha Bonnerjea, J., by an order dated 23.6.1982 directed the respondent to file the said Arbitration Agreement. It was further directed therein that the Arbitrators would be appointed in terms of the arbitration agreement and the appellant was directed to submit a panel of names of Arbitrators to the claimant within three weeks from the said date whereupon the Arbitrators were to enter upon reference forthwith and to pass an award within 6 months from the date of entering into reference. According to the appellant, the Law Officer of the South Eastern Railways requested the Ministry of Law for extension of time for three weeks on 28.7.1982 so as to enable them to comply with the said order whereupon the matter was mentioned and by an order dated 28.7.1982 Pratibha Bonnerjea, J. while rejecting the prayer of the appellant appointed Sri P.K. Pal, Barrister-at-Law as the Sole Arbitrator and directed him to make an award within 6 months.