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.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.