K.C. Agrawal, D.S. Sinha, JJ. - (1.) This appeal has been filed by the Union of India against the judgment and order passed by the Civil Judge, Gorakhpur dated 9.11.1977 allowing the objection filed by the respondents against the award dated 6.5.1974.
(2.) On a dispute having arisen with regard to the supply of 25 lac bricks, the same was referred to the Arbitrator, Shri G.P. Srivastava was appointed as Arbitrator for examining the claim of the respondent No. 1. He invited the parties to put up their claims and file evidence. He gave award in favour of the respondent No. 1 holding that he was entitled to get Rs. 3644/- from the Railway towards the bricks supplied under the aforesaid contract. Since the respondent No. 1 was not satisfied and desired some more to be awarded, he filed an objection under section 30 of the Arbitration Act for setting aside the same. The objection was contested by the Railway. Learned Civil Judge accepted the objection and set aside the award, against which the present appeal has been filed.
(3.) We have noted above that the Arbitrator partly decreed the claim of the respondent No. 1. He was advised that his claim for higher amount should have been awarded, hence he preferred an objection. In the objection one of the grounds taken was that the logbook had not been produced by the Railway and as the log-book was an important document for determining the controversy involved between the respondent No. 1 and the Railway, it should have been summoned by the Arbitrator.;