WEST BENGAL STATE ELECTRICITY BOARD Vs. AKTAR AHMED

JUDGEMENT

(1.) The West Bengal State Electricity Board and others being dissatisfied with the order dated December 20, 1990 passed by the Assistant District Judge, Second Court, Midnapore, in Judicial Miscellaneous Case No.2 of 1990, have preferred the instant First Miscellaneous Appeal under section 39 of the Arbitration Act.

(2.) On an application under section 8 of the Arbitration Act, one Sri Jatindra Nath Bakshi, Superintending Engineer, Resources Circle, P.W.D, was appointed as Sole Arbitrator, Neither in the agreement nor in the order appointing such Arbitrator, any direction was given for giving a reasoned Award. After hearing both the parties, the learned Arbitrator passed an Award on 10th March, 1989, thereby directing the appellant to pay a sum of Rs. 2.35.051/-. Being dissatisfied with the aforementioned Award, the present appellant filed a combined application under sections 30 and 33 of the Arbitration Act, which gave rise to the aforesaid miscellaneous case No.2 of 1990. The ground taken in the said application under sections 30 and 33 of the Arbitration Act was that there was error apparent on the face of record notwithstanding the fact the Award was a non-speaking Award.

(3.) The learned trial Judge after consideration of all the case laws arrived at a conclusion that the Award being a non-speaking one and in view of the fact that either in the agreement or in the order appointing Arbitrator, there was no direction upon the learned Arbitrator to give reasoned Award, the same does not come within the purview of section 30 of the Arbitration Act and hence, dismissed the application under section 30 of the said Act. Being dissatisfied with the said order, the instant appeal has been preferred.