SANJIB BANERJEE,J. - (1.) The respondent is not represented even at the second call.
(2.) The primary ground urged to assail the arbitral award under Sections 30 and 33 of the Arbitration Act, 1940 is that notwithstanding the arbitration agreement obliging the arbitral tribunal to give reasons in support of the award, the award rendered by the arbitrator does not give any reasons in holding that the petitioner herein had committed breach of contract in not completing the execution of the work awarded by the respondent.
(3.) The arbitration was originally before a retired Judge of this Court and upon his death before two arbitrators. Following a disagreement between the two arbitrators, the matter was referred to an umpire. After a solitary sitting before the umpire, an application was carried to Court for removing the umpire whereupon the present umpire was appointed. There can be no manner of doubt that the words in parenthesis in the arbitration agreement between the parties require that reasons are to be given in support of the award.;