RAM BILAS TEWARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present Misc. Appeal has arisen out of an order dated 15.1.82 passed by the learned Subordinate Judge, Jalpaiguri in Misc. Judicial Case No. 1 of 1982 whereby an application under sections 30 and 33 of the Arbitration Act filed by the defendant petitioner- State of West Bengal was allowed and the award passed by the learned Arbitrator Sri K.N. Kapoor, Member Planning, Investigation and Design, North Bengal, Flood Control Commission, Jalpaiguri was set aside. The facts which goaded the State of West Bengal to file the said application under sections 30 and 33 of the Arbitration Act in the said Misc. Judicial Case stood as follows :

(2.) In course of his work Sri Tewari applied for arbitration as per clause 25 of the said agreement in dispute between him and the State of West Bengal over the former's claim in connection with the above mentioned work in O.C. Suit No. 20 of 1981 in the court of learned Sub-Judge, Jalpaiguri. The dispute was then referred to Sri Kapoor, learned Arbitrator. The learned arbitrator heard the matter on different dates and fixed the date 10.8.81 for filing documents by the parties. On that date Sri Rambilash Tewari filed some documents of his own. The learned arbitrator then fixed 21.8.81 to be the date for local inspection of the site of work. Now on the said date namely 21.8.81 Sri Tewari filed another set of documents numbering six. The grievance of the State of West Bengal is that these six documents were filed behind its back, that no copies of those documents were served upon the State and that the learned arbitrator gave his award on 24.8.81 relying upon those six documents, thus denying the State of West Bengal the opportunity of controverting those documents. The aforesaid givevance put forth by the State of West Bengal was placed before the learned Subordinate Judge, Jalpaiguri in Misc, Judicial Case No. 1 of 1982 arising out of O.C. Suit No. 20 of 1981. The learned Subordinate Judge by his order No. 7 dated 15.1.82 was pleased to set aside that award on the ground "that the Arbitrator has misconducted himself." Being arrived thereby Sri Tewari has come up before as in the present Misc. Appeal.

(3.) Mr. Bhabra, learned counsel appearing for the appellant has invited our attention to the notes on inspection of the learned Arbitrator. From the hand written notes dates 21.8.81 it would transpire that on the said date those six documents were "shown and flied" by Sri Tewari. It would further appear from the said notes read with award dated 24.8.81 that on the side of the State there were altogether as many as 5 representatives including Sri. J.C. Guha, Govt. pleader, Jalpaiguri and one Sri D. Bhawel, Works Assistant. Mr. Bhabra has argued that in view of the presence of so many representatives of the State on the date of site inspection which fell on 21.8.81, it is altogether futile to assert that those documents were filed behind the back of the State. We fully agree with the contention of Mr. Bhabra as aforesaid and we see no good ground for setting aside the award on the plea that the learned Arbitraror Sri Kapoor was guilty of misconduct within the meaning of Sections 30 and 33 of the Arbitration Act.