Ramendra Mohan Datta, J. - (1.) THIS interlocutory application has now come up before us, inter alia, for stay of the operation of the judgment and order dated Jan. 12, 1982 passed by Deb J. The application before the learned Judge was for leave to revoke the authority of the respondent No. 2 who had been acting as the umpire in the pending arbitration proceedings arising out of the arbitration agreement dated Dec. 31, 1973. The prayer in the alternative is for removal of the umpire and for the appointment of a fit and proper person as the umpire and to continue the proceedings. There are other prayers, inter alia, for stay of the arbitration proceedings and for an injunction restraining the respondents Nos. 1 and 2 from proceeding with the arbitration proceedings. The learned Judge passed the ad interim order restraining the umpire from proceeding with the arbitration reference until further orders. At the final hearing, however, the learned Judge dismissed the application making cost in the arbitration proceedings. He also extended the time to make the award till 15th March, 1982 and directed the respondent No. 2 to give reasonable opportunity to both the parties of being heard before making his award.
(2.) WHEN the matter was moved before us for interim orders, we passed an order, inter alia, restraining the Umpire from proceeding with the arbitration reference until the disposal of this application. The facts shortly are, that both the appellant and the respondent appointed their respective arbitrators who after making the appointment of the Umpire differed amongst themselves leaving the matter to be decided by the Umpire one S. Rama Chandran. Before the said arbitrators statements and counter-statements were filed sometime in October and November 1980, Documents were also filed before them round about such time. In May 1981 the umpire S. Ramachandran entered upon the reference and directed the parties to submit their respective documents and papers. A meeting was sought to be fixed on 29th May, 1981 but due to the inconvenience of the appellant the same was adjourned and thereafter it was fixed on 7th to 9th June. 1981. The appellant then requested the umpire to fix the last week of June for inspection of site. On 8th June, 1981 the umpire visited the site in the presence of the representatives of both the parties but on that date the case was not discussed. Thereafter the umpire fixed 27th to 30th June, 1981 for meetings to be held -at Calcutta giving liberty to the parties to file further statements or documents, if so desired. The appellant again prayed for extension of time to submit further paper by a fortnight. The umpire thereupon gave liberty to the appellant to produce all papers and documents on the date of hearing. On July 4, 1981 the meeting was held at Calcutta in which the parties virtually agreed that the statements and documents already filed by them before the arbitrators would be held to be good for hearing before the umpire. Time to make the award was extended by consent up to Aug. 31. 1981. On July 25/26, 1981 meetings took place in which the appellant opened its case and made submissions and filed counter-statements and other papers which were filed before the arbitrators. Thereafter on July 26, 1981 the umpire for the second time visited the site and on 23rd, 24th and 25th Aug. 1981 meetings were fixed for hearing as Calcutta. Directions were given that books, papers and documents intended to be relied on must be produced and oral evidence, if any, should be made available at the hearing.
(3.) ON 23rd Aug. 1981 the meeting was held when the appellant made further submissions and tendered a counter claim. The umpire directed that further documents, if any, were to be submitted on or before 7th Sept. 1981. The umpire thereupon expressed his gratitude to the parties and their lawyers for the co operation and fine exposition of the case on behalf of their clients. According to the umpire and the respondent the hearing was concluded on that date.;