RAVINDER KUMAR CONTRACTOR Vs. EXECUTIVE ENGINEER, PUNJAB WATER SUPPLY & SEWERAGE DIVISION NO. 1, LUDHIANA AND ANOTHER

JUDGEMENT

(1.) C.M. No. 6387-C-II of 2012 : Allowed as prayed for.

(2.) Executive Engineer filed application under Sections 14 and 17 of the Arbitration Act, 1940 (in short - the Act) for making the Award as 'Rule of the Court'. The Contractor did not appear despite service and accordingly, the Award was made 'Rule of the Court' vide ex-parte order dated 06.05.1991 and decree was passed accordingly. However, on application moved on 18.05.1991 by the Contractor, the ex-parte order and decree were set aside vide order dated 26.11.1991.

(3.) The Contractor filed objection petition-cum-reply on 21.12.1992 assailing the Award. It was pleaded that the Arbitrator misconducted himself and the proceedings. The Arbitrator did not afford proper opportunity of hearing to the objector nor the objector was allowed to cross-examine the witnesses of the Executive Engineer.