PARAMJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition is filed under Sections 30 and 33 of the Indian Arbitration Act, 1940 for setting aside the award given by one Mr. M. L. Bansal, Superintending Engineer, 3rd Circle, Himachal Pradesh Public Works Department, Solan on 20th Nov. 1974 as Arbitrator.

(2.) THE petitioner is a bridge contractor and had undertaken construction work of a bridge across Manal Khad as per agreement dated 23rd Dec. 1970. Disputes arose between 'the parties with regard to this contract with the result that as per Clause (25) of the agreement the Chief Engineer appointed the above referred Mr. M. L. Bansal as the sola Arbitrator.

(3.) IN this petition, the petitioner has, inter alia, contended that the above correspondence between the Arbitrator Mr. Bansal and his Chief Engineer shows very clearly that though Mr. Bansal was not willing to go on with the work of arbitration, he had to do so as he was compelled by his superior, namely, the concerned Chief Engineer, Simla. It wag contended that in view of these facts the award given by the Arbitrator is void ab initio.