DEPUTY MANAGER CIVIL TOWNSHIP COMPLEX Vs. KIRTI KUMAR

JUDGEMENT

(1.) In exercise of powers conferred Under Clause 25 of the agreement entered into between the parties, an arbitrator was appointed . This was done on 21.11.1978. One Shri A.K.Pal was so appointed. This arbitrator resigned.

(2.) Thereafter, the very authority which appointed the first arbitrator, namely the Genaral Manager appointed another arbitrator. The arbitrator so appointed namely Shri R.P.Bhat expressed his inability t o pass the award, as the other party (contractor respondent) was not appearing before him.

(3.) In this situation, an application was preferred by respondent Kirti Kumar Kapahi and others. This was preferred under section 20 of the Arbitration Act. A prayer was made that the order dated 29.04.1987 passed in CMP No. 93/1997 be set aside and arbitration application No. 39 / 1997 be restored to its original number; or in the alternative, the application be treated as a fresh application under section 20 of the Arbitration Act and the dispute referred to an independent arbitrator affresh.