GABLES INDIA PVT LTD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Facts giving rise to this appeal may in brief be noticed thus;

(2.) The contractor moved an application before the learned subordinate judge for directing the arbitrator to file the award and for making it a rule of the Court. The State of Punjab also filed an application praying that the award be set aside on the ground that arbitrator misconducted in the proceedings. The matter was considered by the trial Court and the learned Sub Judge by his order dated January 4, 1992, in view of his finding recorded under issues 1 and 2, set aside the award and accordingly allowed the application Under Ss. 30 and 33 of the Arbitration Act. The application moved by the con tractor was dismissed, Aggrieved by the order of the learned Subordinate Judge, the contractor filed the present appeal.

(3.) Learned counsel for the appellant at the outset submitted that he confines his relief in this appeal in respect of the claim made against claim item No. 12 only. In the above backdrop, learned counsel for the appellant submitted that the subordinate judge considered the objections of the State of Punjab against claim item No. 12 on the ground of misconduct in para 14 of the judgment under appeal and came to the conclusion that objections in respect of the said claim were not tenable. The trial Court considered the matter regarding this claim in the following words: -