- (1.) The petitioner filed a Suit No.263 of 1981 (M/s Anand Construction Company Vs. State of U.P. & others) before the Civil Judge, Allahabad (hereinafter referred to as 'Ordinary Court') praying for a decree of Rs.1,17,500/- with pendentelite and further interest @ 18% per annum. He impleaded the Uttar Pradesh Avas Evam Vikas Parishad and the Housing Commissioner, U.P. as defendant Nos. 2 & 3. The dispute relates to three contracts being Contract Bond No.22/EE dated 24.02.1979, Contract Bond No.13/EE dated 15.09.1978 and Contract Bond No.8/EE dated 04.09.1978. Upon notice the defendant appeared and filed an application under Section 34 of the Arbitration Act, 1940 (hereinafter referred to as '1940 Act') for stay of the suit in view of the arbitration clause in the contracts. The Court stayed the proceedings of the Suit.
(2.) One Sri Sahil Kumar Mukerjee (Retired Chief Engineer, U.P. PWD, Lucknow) was appointed Arbitrator for all the three contracts by the Mukhya Abhiyanta, U.P. Avas Evam Vikas Parishad, Lucknow by an order dated 23.11.1984 and such appointment was agreed to by the petitioner. The Arbitrator entered into reference in all the three disputes and gave three Awards dated 18.01.1986, 18.01.1986 and 31.01.1986. He then sent all the three Awards to the Court of Civil Judge, Allahabad in Suit No.263 of 1981 vide his communication dated 08.03.1986. The Court issued notices to the parties.
(3.) The defendants of the suit filed objections under Section 30/33 of the Act. The Ordinary Court after considering the objections rejected them and made all the three Awards Rule of Court by the judgment and order dated 04.08.1987.;