UNION OF INDIA Vs. VISHNU KUMAR GUPTA

JUDGEMENT

(1.) THIS Letters Patent appeal is against the judgment dated 1 -2 -1999 by virtue of which learned Single Judge made the award dated 24 -7 -1991 made by the Arbitrator rule of the court. The appellant challenges the judgment on the following grounds :

(2.) FACTS of this appeal are identical to the facts of LPA (C) No. 7 of 1999 decided on 25 -5 -2000 by a bench of which one of us (Sharma J.) was a member. Paras 2 to 4 of the said judgment are extracted below :

(3.) WE may now consider the rival contention with reference to the record of the proceedings before the Arbitrator and the Court. It is a question of fact that the Arbitrator Shri Parihar had tendered his resignation vide letter dated 15 -12 -1990 and desired to be relieved because he was is superannuate on 31 -1 -1991. It is also a fact that Engineer -in -Chief vide his letter dated 16 -1 -1991 accepted his resignation and appointed one Brigadier Y. W. Joshi as the sole Arbitrator. However, these facts could be established by leading evidence which the appellant failed to produce. But assuming that these having not been disputed, the question is whether the award is invalid on this ground. The award is not invalid because before the Arbitrator had tendered his resignation, the respondents had filed Arbitration Application No. 125 of 1990 for his removal. This application it appears was resisted by the appellant. This application was dismissed by a learned single Judge of this Court on 20 -12 -1990 with the following direction :