Laxmi Narain Mittal, J. - (1.) CONTRACTOR M/s. Era Infra Engineering Ltd. has filed this first appeal assailing order dated 16.5.2009 passed by learned Additional District Judge, Jalandhar thereby allowing petition under section 34 of the Arbitration and Conciliation Act, 1996 (in short, "the Act") filed by respondent No. 1 -Union of India and thereby setting aside award dated 7.4.2006, Annexure A2 passed by respondent No. 2 -Arbitrator (Rajender Prasad). Respondent no. 1 -Union of India awarded contract for construction of Army Public School to the appellant -contractor. Dispute arose between the parties. The dispute was referred to respondent No. 2 -Arbitrator who was then Chief Engineer (Air Force), Jalandhar Zone, Jalandhar Cantt., as per the clause contained in the agreement between the parties. The said Arbitrator has given award dated 7.4.2006, Annexure A/2.
(2.) UNION of India challenged the aforesaid award by filing petition under section 34 of the Act inter alia on the ground that during pendency of the arbitration proceedings, the Arbitrator had retired as Chief Engineer on 30.6.2004 and therefore, he ceased to be Arbitrator. Consequently, award dated 7.4.2006 passed subsequently by him is invalid and without authority. Appellant -contractor controverted the averments made by Union of India and defended the award to be legal and valid.
(3.) LEARNED lower court vide impugned order dated 16.5.2009 has allowed the petition filed by Union of India and has accordingly set aside the arbitral award. Feeling aggrieved, the contractor has filed this appeal.;