RAJPUTANA HOTELS PVT LIMITED Vs. PRADEEP KUMAR SRIYA

JUDGEMENT

(1.) The petitioner seeks to quash the order dated March 8,1999 of the learned Distt. Judge Jaipur City whereby the award of the arbitrator dated Dec. 12, 1996 was set aside and the matter was remanded back to the arbitrator for fresh adjudication.

(2.) Brief resume' of the facts is that in order to settle the dispute between the parties, learned District Judge appointed Shri Ramraj Lal Gupta, a retired judicial officer, as the arbitrator who filed the award in the Court. Objections were raised in respect of said award and the learned Distt. Judge vide impugned order set aside the award and remanded the matter to the arbitrator.

(3.) Mr. G.S. Bafna, learned counsel appearing for the petitioner canvassed that impugned order appears to have been passed under Section 16 of the Arbitration Act, 1940 (for short the Old Act). The Old Act has been repealed by Arbitration and Reconciliation Act, 1996 (for short the New Act) and the provisions of Old Act cannot be made applicable in the instant case as the arbitral proceedings had terminated on giving the final award by the Arbitrator on Dec. 12, 1996 and in the New Act there is no provisions of law which permits the remission of award without the concurrence of the parties. In the instant case evidently there is no concurrence of the parties and the order of remitting the award is absolutely illegal and without jurisdiction. It was further urged that even if for the sake of arguments it is assumed that Old Act is applicable then also the impugned order is not in accordance with Section 16 of the Old Act as the grounds for remitting the award are unsustainable in law. Reliance was placed on Nami Gopal Mitra v. State of Bihar, AIR 1970 SC 1636.