STATE OF RAJASTHAN Vs. MOHANLAL KOLIDA

JUDGEMENT

(1.) THE appellants have filed the present appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the said Act') challenging the order dated 18.11.11 passed by the District & Sessions Judge, Fast Track No. 7, Jaipur (hereinafter referred to as 'the court below') in Arbitration Case No. 78/08 (547/06), whereby the court below has rejected the objection application filed by the appellants under Section 34 of the said Act, against the award dated 15.7.06 made by the sole arbitrator. In the instant case it appears that the respondent -claimant had raised certain disputes with regard to the contractual work of construction of road from Jajod to Rajas, for which the respondent -claimant had sent a notice for referring the said dispute to the Empowered Committee. At the same time the respondent -claimant also filed an application before the court for appointment of the arbitrator. However the said application was withdrawn by the respondent on 1.9.2000 as the matter was required to be referred to the Empowered Committee of the appellants. The respondent thereafter again submitted an application under Section 11 of the said Act for the appointment of the sole arbitrator, which was allowed by the court vide the order dated 21.7.04. Accordingly the sole arbitrator was appointed by the court and the Arbitrator made the award on 15.7.06, allowing the claim of the respondent to the extent of Rs. 2,94,599/ -. Being aggrieved by the same, the appellants had filed the application being No. 78/08 under Section 34 of the said Act, which has been dismissed by the court below vide the impugned order.

(2.) THE only contention raised by the learned Government Counsel Mr. Hari Barath for the appellants is that the respondent once having withdrawn the application for the appointment of Arbitrator, his second application for the same purpose was not maintainable and, therefore the entire proceedings conducted by the sole arbitrator also had vitiated. According to him, the respondent had received the payment of Rs. 1,59,599/ - after the withdrawal of the first application and, therefore, he could not have again raised the dispute and made the application for the appointment of Arbitrator.