BHULLAR CONSTRUCTION CO. Vs. EXECUTIVE ENGINEER, PROVINCIAL DIVISION

JUDGEMENT

(1.) This is an arbitration appeal filed under S.37 of the Arbitration & Conciliation Act, 1996 (for short "the Act") for setting aside the order passed by the Additional District Judge, Ludhiana dated 19th August, 2011 under S.34 of the Act. The proceedings arise out of an arbitration award dated 31 st October, 2006 passed by the 2 nd respondent a retired Superintending Engineer of the department acting as Arbitrator. The subject matter of the disputes and differences which arose between the parties relate to civil works carried out by the appellant contractor for the employer Executive Engineer under a written contract which had an arbitration clause.

(2.) The arbitration proceedings started on 06th October, 1998 and passed through the hands of several Arbitrators holding office of Superintending Engineer and ultimately at the hands of the 2 nd respondent who was appointed on 06th July, 2004. The award was made on 31 st October, 2006 which became subject matter of challenge under S.34 of the Act through objections filed by the State department.

(3.) The Arbitrator was asked to give a declaration under S.12 which was done by order dated 28th August, 2006. On 28 th August, 2006 the Arbitrator was removed and vide order dated 06th September, 2006 he was replaced. Since the removal of Arbitrator was said not to be in accordance with the Act the Arbitrator proceeded with the matter and passed an Award on 31 st October, 2006 which became subject matter of challenge before the learned Additional District Judge, Ludhiana under S.34 of the Act. The objection petition was dismissed by the Court against which FAO No.1876 of 2008 was filed before this Court and the matter was remanded since no evidence was led by the parties in view of the rules. The learned Additional District Judge, Ludhiana vide the impugned judgment dated 19 th August, 2011 has set aside the award.