HIMALAYAN CONSTRUCTION CO Vs. EXECUTIVE ENGINEER IRRIGATION DIVISION J AND K ANR
LAWS(SC)-2000-3-76
SUPREME COURT OF INDIA
Decided on March 16,2000

HIMALAYAN CONSTRUCTION COMPANY Appellant
VERSUS
EXECUTIVE ENGINEER,IRRIGATION DIVISION,JAMMU AND KASHMIR Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) We have heard learned counsel for the parties finally in these appeals.
(3.) The short question involved is whether the Division Bench of the High Court in the impugned common judgment was justified in taking the view that the award which is made rule of the Court by learned single Judge of the High Court was illegal and liable to be set aside on the ground that the arbitrator who was appointed by designation had retired and had ceased to hold his office when he passed the impugned award. This question has to be resolved in the light of the earlier appointment of the arbitrator under Section 20 of the Arbitration Act of 1940. That appointment was by designation but subsequent appointment was by name and not be designation. It was further contended that the Division Bench was patently in error in upsetting the award decree.;


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