VIJAY TRADERS Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant M/s. Vijay Traders was allotted work of supply of fire-wood, charcoal and limequick for the year 1988-89 by the Respondent. In respect of the said contract a dispute arose between them which was referred to the arbitration of Lt. Col. S.M. Sood, who gave his award on 15-4-1991.

(2.) On the application filed on behalf of the Appellant the award was filed in this Court to which the Respondent filed their objections. Learned Single Judge of this Court has tried the objections and allowed them by judgment dated 26-5-1992 In the result, the award has been set aside and the parties have been directed to resort to fresh arbitration in accordance with agreement. The Appellant is aggrieved by the judgment of learned Single Judge and has challenged it by way of the present appeal.

(3.) We have heard the learned Counsel for the parties and gone through the record. The submissions made on behalf of the Appellant by Mr. Bhupender Gupta learned Counsel are two-fold. He has urged that the learned Single Judge has misinterpreted Clause 21 of the contract pertaining to arbitration agreement, to come to the conclusion that after his retirement on 1-1-1991, the Arbitrator had no jurisdiction to continue with the arbitration proceedings and give his award- Another argument raised by him is that the Respondent is estopped from challenging the award on the ground that after his retirement the Arbitrator had no jurisdiction as they had acquiesced by participation in the arbitration proceedings without a demur and also by getting extension of four months for completion of the arbitration proceedings from this Court on 18-12-1990 in O.M.P. No. 16 of 1990. For making this submission Mr. Gupta has relied upon N. Chellappcm v. Secretary Kerala State Electricity Board and Anr., 1975 AIR(SC) 230; Prasun Roy v. The Calcutta Metropolitan Development Authority and Anr., 1988 AIR(SC) 205 and Mohinder Pal Mohindra v. Delhi Admn. and Anr., 1989 AIR(Del) 270.