GIRDHARI LAL Vs. CHAIRMAN B B M BOARD

JUDGEMENT

(1.) BHAKRA Beas Management Board, (hereinafter referred to as the 'Board') through Sub Divisional Officer Construction Sub Division, allotted work for the construction of 12 quarters to Girdhari Lal vide work order No. 437 dt. 22nd Sept. 1980. The contractor filed an application under Ss.5,8,11 and 12 of the Arbitration Act, 1940 (hereinafter called the 'Act'), before the Court below on 26th Oct. 1982 for revoking the authority of the Arbitrator and for appointment of some other impartial Arbitrator for decision of the dispute between the parties on the pleas that under the arbitration agreement the disputes had to be referred to the Arbitration of Superintending Engineer of the Circle and the applicant submitted the claim before the said Arbitrator in which all details were mentioned and a total claim of Rs. 1,05,984/-was made against the Board. The Arbitrator did not proceed with the matter and allowed the four months' time to expire, which amounted to misconduct and hence order of the Court was sought for appointment of another Arbitrator.

(2.) THE application was contested by the Board and the following issues were framed :

(3.) IN the present case Cl.5 is quite clear. It talks of dispute between the parties and for reference of the same to the Superintending Engineer of the Circle. The term dispute and reference were conspicuously absent in the clause which fell for consideration in Tipper Chand's case (AIR 1980 SC 1522) (supra).