STATE OF HARYANA Vs. VICTOR ENGINEERING WORKS

JUDGEMENT

(1.) State of Haryana-petitioner has come up in present revision petition against the order dated 29.10.2003 (Annexure P-10) passed by the Additional District Judge, Gurgaon, whereby an appeal under Section 39 of the Indian Arbitration Act, 1940 against the order dated 27.11.2001 (Annexure P-9) passed by the Additional Civil Judge, Senior Division, Gurgaon was allowed and the impugned award was set aside.

(2.) Brief facts of the case are that M/s Victor Engineering Works through its General Power of attorney-respondent no.1/contractor entered into an agreement with the petitioner for supply of stationery articles. The terms of agreement were reduced into writing at Gurgaon. There was an arbitration clause in the agreement which provided that Commissioner and Secretary to Government of Haryana, Printing and Stationery Department shall act as arbitrator for adjudicating any dispute arising between the parties. Some dispute arose between the parties with regard to the payment of stationery articles supplied to the Government. Respondent no.1 then moved an application to the arbitrator for adjudicating the dispute. The application of respondent no.1 was dismissed vide order dated 17.7.1995. Respondent no.1 then filed a petition under Section 14(2) of the Indian Arbitration Act, 1940 in the Court of the then Senior Sub Judge, Gurgaon on 17.10.1995. Notice of the said petition was issued to the Government as well as the arbitrator. Thereupon the arbitrator filed the order dated 17.7.1995 along with record of proceedings conducted by him. Respondent no.1 filed objections challenging the order dated 17.7.1995 on the grounds that the arbitrator had misconducted himself as effective opportunity had not been granted to respondent no.1 for filing claim and address arguments.

(3.) The Government had refuted the objections raised by respondent no.1 on the plea that respondent no.1 did not present himself before the arbitrator and had intentionally committed default of appearance and therefore, the arbitrator had dismissed his application.