- (1.) Leave granted.
(2.) Certain disputes between the appellant and the first respondent were referred to arbitration. Second respondent was the Arbitrator. A five member Committee was appointed by the State Government to examine the long pending claims of the appellant (said to be pending since 1985). The Committee made certain recommendations regarding payment. This Court by order dated 19.1.2004 directed that the Arbitrator will decide whether the recommendations of the said Committee should be accepted or not. The Arbitrator gave an interim award on 24.2.2004 holding that the recommendations by the committee were binding on the first respondent and directed payment by the first respondent to the appellant in terms of it. That was challenged by the first respondent by filing a petition under Sections 30 and 33 of the Arbitration Act, 1940 ( 'Act for short). The trial court rejected the objections raised by the first respondent in the said petition and made the award, the rule of the court. The first respondent challenged it before the High Court and the High Court (by its majority decision) set aside the interim award and directed the Arbitrator to decide the application under Section 27 of the Act for interim award, afresh after giving due opportunity to the parties. The appellant has filed these appeals by special leave, challenging the said decision.
(3.) In the meantime, the Arbitrator (second respondent) died and a fresh Arbitrator has been appointed. The appointment of the new Arbitrator has been stayed.;