(1.) THE Court : This is an application for extention of time to file the award under Section 28 of the Arbitration Act. This application has been seriously opposed by the respondent on the ground that the Arbitrators have allowed the time to expire. Moreover it has been alleged that the Joint Arbitrators and in particular HSCL's nominee Arbitrator, Brigadier V.K. Sawhney are totally biased in favour of the petitioner and against the respondent. THE respondent has made the following allegations :-
(2.) IT has been alleged on behalf of the respondent in the 38th meeting held on December 9, 1993 the Senior Counsel and Junior Counsel appeared for HSCL and started making submissions. In fact the Counsel argued for the entire duration of the meeting on the point of maintainability of the claim of interest. The Counsel had not completed their submission on interest when the proceedings were adjourned till January 27, 1994.
(3.) BY its letter dated January, 25, 1994 the respondent requested the Learned Umpire to enter on reference in terms of paragraph 4, Schedule I of the Arbitration Act. Copies of the said letter were sent to the petitioner, his Advocate as well as to the Learned Arbitrators.