R.L. Anand, J. - (1.) THIS is a civil revision and has been directed against the judgment dated 27.7.1998 passed by Addl. District Judge, Hisar, who affirmed the judgment and decree dated 31.8.1994 passed by Sub Judge 1st Class, Hisar, who dismissed the objections of M/s Kapil Flour Mills and made the award dated 18.12.1991 as rule of the Court.
(2.) THE brief facts of the case are that petitioner M/s Kapil Flour Mills filed objections under Sections 30/33 of the Arbitration Act against the award dated 18.12.1991 and it was alleged by the petitioner that the arbitrator while conducting the arbitration proceedings has misconducted himself as well as the proceedings. The conduct of the arbitrator was violative of the principle of natural justice because despite the conclusion of the proceedings on 27.11.1 991, the arbitrator received the letter dated 28.11.1991 from the Junior Engineer, which has prejudiced the mind of the arbitrator. Thus the action of the J.E. after the conclusion of the proceedings on 27.11.1991. had resulted in the misconduct of the arbitrator in violation of principle of natural justice. It was also pleaded by the objector that the petitioner was neither allowed to cross -examine the witness nor to produce the witness. Notice of the objections was given to the respondent -Board which filed the reply and denied the allegations. According to the respondents full opportunity was given to the petitioner to lead evidence and the arbitrator has not misconducted himself. While denying other allegations of the petitioner, the respondents prayed for the dismissal of the objections.
(3.) THE learned trial Court framed the following issues for the disposal of the objections : - "1. Whether the impugned award dated 18.12.1991 is liable to be set aside ? OPR 2. Relief.";