STATE OF HARYANA Vs. SATROD KALAN CO OPERATIVE LANDC SOCIETY LIMITED
LAWS(P&H)-2001-1-23
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 18,2001

STATE OF HARYANA Appellant
VERSUS
SATROD KALAN CO-OPERATIVE LANDC SOCIETY LIMITED Respondents

JUDGEMENT

R.L.Anand,J. - (1.) This is a Civil Revision and has been directed against the order dated 21.10.1998, passed by the Additional District Judge, Hisar, who allowed the appeal of the Satrod Kalan Cooperative Society by setting aside the order dated 8.11.1996 passed by the Court of Civil Judge (Sr. Division), Hisar, who had rejected the application under Section 14 of the Indian Arbitration Act and refused to make the award dated 14.8.1995 as rule of the Court and the award was set aside.
(2.) Some facts can be noticed in the following manner. State of Haryana filed an application under Section 14 of the Indian Arbitration Act, 1940 to get the award filed in the Court from the Arbitrator Shri R.S. Rana. After the award was filed the State of Haryana filed the objections and made a prayer that the award be set aside. It was inter alia pleaded by the State of Haryana that compensation amounting to Rs. 7790/- was levied on the society by the Executive Engineer concerned by invoking the relevant clause of the agreement because the work was not completed within time despite repeated requests by the department. The Arbitrator was appointed on the request of the department but he misconducted himself and passed the award which was without jurisdiction. He had no authority to arbitrate on the act of the defendant under clause 2 of the agreement and he also baselessly rejected the claim regarding the amount on account of work allotment to another contractor because the work was not completed by the society.
(3.) Society filed the reply to the objections of the State and from the above pleadings of the parties the trial Court framed the following issues:- 1. Whether the award is liable to be set aside on the grounds taken in the objection petition? OPD. 2. Relief.;


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