PUNJAB STATE Vs. PRITAM SINGH AND SONS

JUDGEMENT

(1.) M/s. Pritam Singh and Sons (hereinafter referred to as the respondent -firm) was awarded the work of construction of Tanda side approach to high level bridge over river Beas near Siri Hargobindpur on 10-3-1997. An agreement No. 13 of 1996/97 was signed between the parties in regard to this work of construction. The agreement contained clause 25 which states that in case of any dispute, the matter will be referred to the sole arbitration of the Superintending Engineer of the Circle concerned in the Public Works Department (B and R) Branch, acting as such at the time of reference.

(2.) A dispute arose between the parties as a result of which the respondent -firm submitted claim before the abovesaid Arbitrator on 7-8-1997. At that time, Mr. T.S. Kamboj was the Superintending Engineer of the Central Works Circle, P.W. D. (B and R) Branch, Jalandhar. The arbitrator started the proceedings. The first sitting of the Arbitrator was held on 19-6-1997. The above-said Superintending Engineer retired on 28-2-1998 and thereafter he could not act as an Arbitrator because he was appointed as Arbitrator Ex officio. Thereafter, Mr. J.P. Chandra and Mr. S.C. Kalra, working as Superintending Engineer of Central Works Circle, P.W.D. (B and R) Branch, as per the agreement, became sole Arbitrators, respectively in this case. They fixed as many as seven hearings, but the arbitration proceedings could not be proceeded because of the fact that the respondent-firm did not turn up to attend any of the hearings.

(3.) A dispute was raised by the respondent-firm over the removal of Mr. T.S. Kamboj as Arbitrator and thereafter the working of Mr. J.P. Chandra and Mr. S.C. Kalra as Arbitrators. An application under Section 27 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') was moved by the respondent-firm before the learned District Judge, Hoshiarpur who, vide order dated 11-9-1998, allowed the same directed the petitioners to produce the relevant record before the Arbitrator Mr. T.S. Kamboj and to co-operate with him in finalising the award.