UNION OF INDIA Vs. DARSHAN SINGH AHUJA

JUDGEMENT

(1.) A dispute having arisen between the parties and as per Condition-70 forming part of the contract, the matter was referred for adjudication to Sh. Y.N. Rao, Engineer Officer, who was appointed by the authority mentioned in the tender documents. The respondent made an application under Sections 8,11 and 12 of the Indian Arbitration Act, 1940 , (for short 'the Act'), for the removal of Sh. Y.N. Rao as he had failed to enter into reference, and for the appointment of another arbitrator.

(2.) The aforesaid application on contest, was allowed by Sub Judge 1st Class, Chandigarh, vide order dated 4th of June, 1990, and Sh. M.M.S. Parihar was appointed as the sole arbitrator instead of Sh. Y.N. Rao.

(3.) On 13th of June, 1991, the petitioner filed an application under Sections 22, 23 and 28 of the Act, for the ratification of appointment of Sh. A.V. Gopalakrishna as an arbitrator, and for enlargement of time. It was stated in the said application that though the Court appointed Sh. M.M.S. Parihar as arbitrator, but before he could enter into reference, he retired and the petitioner appointed Sh. A.V. Gopalakrishna, Chief Engineer as an arbitrator who entered into reference on 9th of August, 1990. It was thus, prayed in the said application that appointment of Sh. A.V. Gopalakrishna be ratified, and time be allowed for making the reference.