DEESONS ENGINEERS CO Vs. C P ENGINEERING CO

JUDGEMENT

(1.) ON the 13th of September, 1967, the appellant and the respondent, who are both firms, appointed Shri Ram Sarup Sharma, Advocate, Chandigarh as the sole arbitrator to go into their accounts and determine the amount due from the respondent to the appellant in respect of their dealings with each other. Shri sharma gave his award on the 6th of February 1968, declaring that a sum of Rs. 42, 224. 22 was due to the appellant from the respondent. The award also made the respondent liable for the appellant's costs amounting to Rs. 228/ -. On the 22nd of February, 1968, the appellant made an application under Sections 14 (2), 17 and 31 (4) of the Arbitration Act, 1940 (hereinafter referred to as the act) to the Court of the Senior Subordinate Judge, Chandigarh, praying for a direction to the arbitrator to file the said award in Court. On the 1st January, 1970, the learned Senior Subordinate Judge accepted the application and made the award a rule of the Court. The respondent firm then instituted in this Court an appeal which was accepted by Tuli, J. , who held that the arbitrator had not acted fairly, justly or impartially and had given his award in a hurry without looking into the accounts of the parties, and concluded:

(2.) IN view of the provisions of Sections 19 and 20 of the Act, this appeal must succeed. Those Sections lay down:

(3.) APPEAL allowed.