GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON a request made by the learned counsel for the petitioner, at the out-set, present petition is treated to be a petition filed under Article 227 of the Constitution of India.

(2.) THE petitioner is a Contractor who had raised a dispute against the present respondents. The aforesaid dispute was referred by the trial Court for adjudication by an Arbitrator. The respondents also preferred a counter-claim before the Arbitrator. The Arbitrator took into consideration the material placed before him by the parties. Accordingly, he gave an award dated July 17, 1995. The contractor filed an application under Section 14 read with Section 17 of the Arbitration Act, 1940 requiring the Arbitrator to file the original award in the Court for making the same as a rule of the Court.

(3.) LEARNED Civil Judge (Junior Division), Pathankot, vide his order dated October 31, 1996 accepted the objections raised by the respondents. It was held that the Arbitrator had given the award after the expiry of the period granted by the Court, while appointing him, and there was no extension even granted by the Court for pronouncement of the aforesaid award. It was also held by the learned trial Judge that the counter-claim preferred by the respondents had not been adjudicated upon by the Arbitrator. However, the objection of the respondents with regard to the award being non-speaking was rejected by the trial Judge. As a consequence of the aforesaid objections having been accepted, the award passed by the Arbitrator was rejected and the learned trial Court ordered the appointment of a fresh Arbitrator.