- (1.) Appellant The Ganga Yamuna Co-op. L & C Society Limited has filed this first appeal assailing judgment dated 20.02.2009 passed by learned District Judge, Yamuna Nagar, thereby dismissing objections preferred by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (in short - the Act), for setting aside the Arbitrator's Award dated 30.07.2003 (Annexure A-1).
(2.) Case of the appellant is that work of supply of material for construction of road was allotted to the appellant by the respondents (State of Haryana nd Executive Engineer) vide letter dated 09.01.1998, but the other agency did not start the earth work at the site and time limit given to the appellant expired. The appellant sent letter dated 07.04.1999 to respondent no.2 claiming higher rate of material in view of rise in price. However, respondents, without any Arbitration agreement, referred the dispute to Arbitrator, who gave the impugned Award Annexure A-1. The said Award is illegal because there was no valid agreement between the parties for referring the dispute to Arbitrator. It was also alleged that proper opportunity for leading evidence and hearing was not given to the appellant by Arbitrator.
(3.) Respondents, in their reply, resisted the objections and alleged that there was no condition between the parties that the appellant had to supply the material only after completion of earth work, to be done by other agency. It was also alleged that there was unconditional acceptance of the tender of the appellant by the respondents, and therefore, valid agreement came into existence between the parties and there was arbitration clause in the tender form, which was accepted by the respondents. It was pleaded that the appellant was given full opportunity of hearing and leading evidence by the Arbitrator. The impugned Award is legal and valid.;