UNION OF INDIA Vs. A.K. MUKHERJEE

JUDGEMENT

(1.) In view of the good grounds shown, the delay of about 145 days in preferring the appeal is condoned.

(2.) The challenge here is to an order dated November 14, 2017 passed on the appellant's petition under section 34 of the Arbitration and Conciliation Act, 1996. The appellant seeks to assail the judgment and order impugned on the ground that the entirety of the challenge to the arbitral award was not addressed by the Single Bench. According to the appellant, the very authority of the arbitrator had been challenged in course of the proceedings under Section 34 of the 1996 Act and such aspect of the matter was completely overlooked by the Single Bench. In addition, the award was challenged on many other heads, but the Single Bench confined the challenge to only four heads.

(3.) As to the authority of the arbitrator to take up the reference, it is evident that an order was made on a request under Section 11 of the 1996 Act by the Chief Justice or His designate. However, the original order by which the request under Section 11 of the Act was found to be in order, preserved the right of the appellant herein to challenge the authority of the arbitrator to take up the reference before the arbitrator himself. The appellant says that a ground was taken in the counter-statement questioning the authority of the arbitrator, but there was no application under Section 16 of the Act that was filed before the arbitrator.