- (1.)IN this intra- Court appeal preferred under Section 2 (1) of the M. P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the sustainability and legal acceptability of the order dated 1-10-2002 passed by the learned Single Judge in W. P. No. 1055/2002 is called in question.
(2.)THE facts which are requisite to be dwelled upon are that the respondent Nos. 1 and 2 invoked the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India for issue of a writ of certiorari for quashment of the award dated 24-12-2001 which has been made the rule of the Court by the learned Vth Additional District Judge, Bhopal. The award was passed by the learned Arbitrator, the respondent No. 5, in an arbitration proceeding under the provisions of the Arbitration and Conciliation Act, 1996 (for short '1996 Act' ). As is manifest from the order of the learned Single Judge that the contract was awarded in favour of the present appellant by the M. P. State Mining corporation (for short 'the Corporation') and as some dispute arose, the owner rescinded the contract and forfeited the amount of security. The appellant invoked the arbitration clause and eventually the respondent No. 5 who was the respondent No. 4 before the Writ Court was appointed as the arbitrator.
(3.)BEFORE the arbitrator the writ petitioners filed an application for intervention and participation in the proceeding which was rejected by the learned arbitrator. In the ultimate eventuate the award came to be passed on 24-12-2001 in favour of the present appellant. It was contended before the learned Single Judge that the arbitrator had passed an interim order not to auction the quarry till the decision of the matter and had extended the period of operation of quarry which is detrimental to the interest of other persons and also caused financial loss to the pubic exchequer and thereby the arbitrator had misconducted himself and, therefore, there was error apparent on the face of the record inasmuch as the arbitrator had travelled beyond the terms of the agreement.