UNION OF INDIA AND ORS Vs. BHALLA BUILDERS
LAWS(J&K)-1993-3-17
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 18,1993

Union Of India And Ors Appellant
VERSUS
Bhalla Builders Respondents




JUDGEMENT

- (1.)The important questions of law required to be adjudicated upon in this appeal are.
1) What procedure should be followed by the Civil Court after setting aside the award under Sections 30/33 of the Arbitration Act ? and

2) Whether the arbitration proceeding come to an end or they are relegated to the position when reference was made after the award filed by the arbitrator is set aside ?

(2.)In order to appreciate the rival contention of the parties, it is necessary to refer some facts which have culminated in the filing of the present appeal.
After the disputes arose between the parties pertaining to the contract agreement No CPJK-2/80-81 for provision of married accommodation for officers/JCos/Others at Akhnoor reference was made by this Court to the Engineer-in-Chief for appointment of an arbitrator for adjudication of disputes between the parties. Shri Y. M. R. Rao was appointed as an arbitrator who filed the award in this Court which was challenged by the respondent-claimant under Sec. 30/13 of the Act on various grounds including the ground of misconduct of the arbitrator. The respondent denied the allegations of the claimant and on the basis of the pleadings of the parties, following issues were framed:

1) Whether the arbitrator has misconducted himself and the proceedings or the award is otherwise liable to be set aside ? OPP

2) Whether the award has not been filed by a competent person If so, what is its affect ? OPP

3) Relief ?

(3.)The learned Single Judge decided issues No. 1 in favour of the respondent-claimant and directed the setting aside of the award on the ground of misconduct of the arbitrator After setting aside the award, the learned Single Judge referred the disputes between the parties to Shri V V. Abhyankar, Chief Engineer (retired), D-l 166, Vasant Kunj, New Delhi for adjudication and submission of the award within the statutory period. The appellant felt aggrieved of the order of reference of disputes to an independent arbitrator and preferred the appeal with a prayer for setting aside the judgment of the learned Single Judge,
We have heard learned counsel for the parties and perused the record. They have submitted that the appeal be disposed of on merits at this initial stage.



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