D.S. Sinha, J. - (1.) Heard Sri S. M. A. Kazmi, learned counsel appearing for the appellants and Sri S. P. Mehrotra, learned counsel representing the respondents, at length and in detail.
(2.) This appeal, under Section 39, of the Arbitration Act, 1940, hereinafter called the Act, was heard by a Division Court comprising of Hon'ble Mr. Justice Om Prakash and Hon'ble Mr. Justice S. C. Varma. Their Lordships were pleased to deliver separate judgments dated 9th December, 1993. While his Lordship Hon'ble Mr. Justice Om Prakash dismissed the appeal Hon'ble Mr. Justice S. C. Varma allowed it.
(3.) After delivering conflicting judgments dated 9th December, 1993 in the case, and without stating the point or points on which they differed, their Lordships passed the following order: "Hon'ble Om Prakash. J." "Hon'ble S. C. Varma. J." There being a difference of opinion between me and my learned brother S. C. Varma, J, the following question is referred for decision by a third Judge to be nominated by Hon. The Acting Chief Justice : "Whether on the facts and in the circumstances of the case, the impugned award deserves to be set aside." The record be placed before Hon. The Acting Chief Justice for Nominating a Judge at an early date. Dated December, 9, 1993. Sd/- O. P. Sd/ S.C.V." On 5th January, 1994 the then Hon'ble the Acting Chief Justice passed an order which reads thus:- I nominate Hon'ble D. S. Sinha, J. as the third Hon'ble Judge before whom this case may flow be listed. Sd/ V. K. 5-1-1994. Thus, the case is before me.;