- (1.) Which would be the appropriate court for the purpose of filing of an award by the arbitrator is the question involved herein.
(2.) The said question arises in the following circumstances: Respondent herein admittedly was a contractor of the appellant. Disputes and differences having arisen between the parties, the arbitration agreement was invoked. An arbitrator was appointed. The parties hereto raised their claims and counter-claims before the arbitrator. He made an award of Rs.18,97,729.37 in favour of the respondent.
(3.) A question of law was raised when the matter ultimately came up before the court arising out of the proceedings for making the said award a rule of the court, and this Court in its judgment dated 29.08.2003 [since reported in (2003) 8 SCC 154], while setting aside the award, directed: "40. However, as noticed hereinbefore, this case stands on a different footing, namely, that the arbitrator while passing the award in relation to some items failed and/or neglected to take into consideration the relevant clauses of the contract, nor did he take into consideration the relevant materials for the purpose of arriving at a correct fact. Such an order would amount to misdirection in law. 41. We are, therefore, of the opinion that the matter requires reconsideration. Having regard to the facts and circumstances of this case and particularly keeping in view the fact that the matter relates to pure interpretation of document which gives rise to question of law and in stead and in place of remitting the matter to the named arbitrator, we would direct that the disputes in relation to Claim Items 3, 7 and 11 be referred to the Hon'ble Mr Justice D.N. Prasad, a retired Judge of the Jharkhand High Court on such terms and conditions as may be mutually agreed upon by the parties. The learned arbitrator is requested to consider the desirability of making his award as expeditiously as possible keeping in view the fact that the matter has been pending for a long time." ;