SURAT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS reference in terms of Section 113 read with Order 46, Rule 1 of the Code of Civil Procedure has been made to this Court by the learned Senior Sub Judge, Shimla. The facts leading to the making of this reference are that with respect to an Arbitration agreement relating to the construction of Shimla bye pass (Phase III) Section Parimahal to Dhalli Portion etc. etc. disputes had arisen between Shri Surat Singh, claimant/objector and the State of Himachal Pradesh and Executive Engineer, Shimla Division No. 1, HP PWD, Shimla which were referred to the Arbitration of Superintending Engineer (Arbitration) Solan, H.P. P.W.D. The Arbitrator passed his Award on 08.09.1998 whereby he Awarded a sum of Rs. 6,746 with interest at the rate of 12% per annum from 01.08.1995 in favour of petitioner Shri Surat Singh.

(2.) FEELING aggrieved of the passing of the aforesaid Award, the petitoner filed an application for setting aside the aforesaid Award in terms of Section 34 of the Arbitration and Conciliation Act, 1996 (1996 Act, for short). The said application for setting aside the Award was filed in this Court.

(3.) AT our request Mr. Rajiv Sharma, learned Senior Advocate and Mr. N.K. Thakur, Advocate have rendered valuable assistance to us in deciding the issue involved in this reference and in deposing of the reference. Section 2(e) of 1996 Act defines a Court to mean :