UNION OF INDIA Vs. GURUCHARAN SINGH

JUDGEMENT

(1.) All the three appeals have arisen practically out of the same judgment and decree but only for technical purpose, three appeals have been preferred and as such all the three appeals have been heard analogously.

(2.) The facts are simple. The predecessor of the present respondents, namely, Gurudharan Singh entered into a contract with the appellant i,e. the Union of India through Garrison Engineer, Military Engineer Services, Ranchi for term contract for artificers work including renewal and minor works at Khojatoli, Ranchi. The agreement was executed on 7th August, 1979 and it came into effect from that date. A dispute arose between the parties regarding payment and as such the sole arbitrator was appointed as per Arbitration Clause of the agreement but as the arbitrator did not file award, the respondent filed an application on 8-4-1986 under Section 14 (2) of the Arbitration Act (the Act) for direction to the sole arbitrator to file award and the same has been numbered as Arbitration Case No. 101 of 1986. Then the Special Sub-Judge Ranchi vide his order dated 6-8-1986 directed the sole arbitrator to file the award and thereafter the sole arbitrator forwarded the award by his forwarding letter dated 20-8-1986 and then Arbitration Case No. 250 of 1986 was started.

(3.) According to the appellant, it did not receive any notice of tiling of the award by the arbitrator but they came to know of such filing of the award and then filed objection under Sections 30 and 33 of the Act on 23rd September, 1986. Such objection has been registered as Miscellaneous Case No. 68 of 1986. Against the objection received by the appellant, the respondents also filed objection supporting the award and then both the parties were heard a.,d then the miscellaneous case has been dismissed. On the basis of the dismissal of the Miscellaneous case, Arbitration (Title) Suit No. 250 of 1986 was also disposed of by making the award as rule of the Court. Similarly the first Arbitration Case No. 101 of 1986 has also been disposed of accordingly, hence these three appeals have been fi,ed. But the moot point of all the three appeals relate to the decision arrived at by the learned Special Sub-Judge, Ranchi, in Misc. Case No. 68 of 1986.