OM CONSTRUCTION CO Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the order of the Subordinate Judge Ist Class Chandigarh dated October 11, 1987, whereby the application filed by the petitioner company for the removal of the arbitrator was dismissed.

(2.) The petitioner was allotted the construction work of the building known as the Hindu Kanya Mahavidyala at Jind by the Haryana State PWD B&R Branch Chandigarh. A written agreement was duly executed between the parties. Since there was a dispute, the matter was referred to the arbitrator as per the agreement. The Superintending Engineer, PWD B&R Branch, Haryana, was appointed as the arbitrator on July 29, 1985. As he failed to give any award within four months, petition under Sections 3, 5, 8, 11 and 12 read with Explanation to Section 9 and Schedule I Rule 3 of the Arbitration Act, was filed for the removal of the said arbitrator primarily on the ground that he had failed to give his award within the time prescribed and thus he had become functus officio. The said petition was contested on behalf of the respondent-State. The learned Subordinate Judge ultimately found that the continuance of the proceedings by the arbitrator will not in any way cause miscarriage of justice. Consequently, the petition was dismissed vide impugned order.

(3.) The revision petition was admitted on January 28, 1988, but the proceedings before the arbitrator were never stayed by the Court.