B. N. Agrawal, J. -
(2.)These appeals by special leave are directed against judgment rendered by the High Court of Punjab and Haryana at Chandigarh in Civil Revision Applications whereby the same have been allowed, orders passed by the appellate Court upholding orders of the trial Court disallowing the objections under S. 30 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') have been set aside, objections allowed and awards set aside.
(3.)The Housing Board, Haryana-respondent No. 1 (hereinafter referred to as 'the Board'), filed two separate money suits against the appellant in the Court of the Senior Sub-Judge, Sonepat, which were transferred to the Court of Addl. Civil Judge (Sr. Divn.), Sonepat, who, by separate orders dated 19th March, 1997, as agreed to by the parties, appointed Superintending Engineer, A.D.B. Branch Circle, P.W.D. (B and R) Branch, Faridabad, as Arbitrator for settlement of certain disputes between the parties pertaining to the works of construction of Houses in the Housing Board Colony at Sonepat. On receipt of the references, the Arbitrator entered thereupon and fixed 6th May, 1997 as the date for hearing the parties in the arbitration proceedings, on which date the Contractor attended the proceedings whereas the Executive Engineer, who was representing the Board, absented himself. On the next date of hearing i.e., on 13th May, 1997, while the Executive Engineer made a prayer for adjournment for filing the written reply, the Contractor attended the proceedings and filed documents and his counsel almost concluded the argument. The matter was, however, adjourned to 8th June, 1997. In the meantime, on 2nd June, 1997, Shri R.K. Jain, Superintending Engineer, A.D.B., Branch Circle, P.W.D. (B and R) Branch, Faridabad, who was the Arbitrator, was transferred and posted as Superintending Engineer, Construction Circle No.1, Union Territory Chandigarh, but he continued with the arbitration proceedings in spite of his transfer. On the next date of hearing, i.e., on 8th June, 1997, the Contractor attended the arbitration proceedings with his counsel whereas Executive Engineer representing the Board though attended the proceedings but without counsel and did not file written reply but requested for adjournment. Accordingly the arbitration proceedings were adjourned to 18th June, 1997, on which date, an affidavit was submitted on behalf of the Board in support of its case and after evidence was adduced on behalf of the parties, counsel appearing on behalf of the Contractor resumed further argument and concluded the same whereafter, counsel appearing on behalf of the Board also concluded his argument on that day itself.