- (1.) C.M. No. 6387-C-II of 2012 : Allowed as prayed for. C.M No. 6388-C-II of 2012 : For reasons mentioned in the application, which is accompanied by affidavit, delay of 03 days in filing the appeal is condoned. Main Case: Contractor Ravinder Kumar has filed this revision petition under Article 227 of the Constitution of India assailing orders of both the courts below. Respondent No. 1-Executive Engineer awarded contract to the petitioner-Contractor. Disputes arose between the parties. The disputes were referred to Arbitrator-respondent No. 2 as per arbitration clause in the agreement. Respondent No. 1-Executive Engineer made claim of Rs. 6,86,978.66 before the Arbitrator. The Arbitrator, vide Award dated 15.02.1989, awarded Rs. 6,80,087.66 in favour of Executive Engineer, payable by the Contractor.
(2.) Executive Engineer filed application under Sections 14 and 17 of the Arbitration Act, 1940 (in short - the Act) for making the Award as 'Rule of the Court'. The Contractor did not appear despite service and accordingly, the Award was made 'Rule of the Court' vide ex-parte order dated 06.05.1991 and decree was passed accordingly. However, on application moved on 18.05.1991 by the Contractor, the ex-parte order and decree were set aside vide order dated 26.11.1991.
(3.) The Contractor filed objection petition-cum-reply on 21.12.1992 assailing the Award. It was pleaded that the Arbitrator misconducted himself and the proceedings. The Arbitrator did not afford proper opportunity of hearing to the objector nor the objector was allowed to cross-examine the witnesses of the Executive Engineer.;