A.N. Grover, J. - (1.) THIS is an appeal against an order dismissing the objections filed by the Appellant to an award.
(2.) THE Appellant had purchased from the Director of Industries, Punjab, who acted on, behalf of the Punjab State, the Button Making Work Centre at Panipat (District Karnal), including machinery, equipment, manufactured goods and raw material, for a total consideration of Rs. 1,63,520 by means of a registered agreement, dated the 30th of May, 1953. A sum of Rs. 2,500 was paid by way of earnest money and the balance of the amount was to be paid by instalments. As he failed to pay any of the instalments a dispute arose between the parties out of the transaction. It was referred by virtue of clause II, in the agreement to the Secretary to Government, Punjab, Industries Department, who was Shri Mangat Rai, at the material time. The arbitrator made an award on the 31st of October, 1957, the operative portion of which was as follows: I accordingly conclude that the Respondent has committed breach of the contract. The Petitioner (Punjab State) is entitled to recover the outstanding amount, together with interest, still due from the Respondent, in terms of the sale -deed. The Respondent can take possession of the sealed ghora sets at his pleasure, as there is no hindrance whatever in the way. The Punjab State filed a petition under Section 16 and 17 of the Arbitration Act in which it was stated that the award was indefinite and the arbitrator did not give any definite amount, principal or interest, which was recoverable by the State from H.L. Jain. It was, therefore, prayed that the award be got filed in Court by the arbitrator and remitted to him under Section 16 "for deciding the definite sum, principal and interest, recoverable by the Petitioner from the Respondent". "It was further prayed that after the award had been refiled, it be made a rule of the Court and a judgment and decree pronounced in accordance with it. An objection petition under Section 30 of the Arbitration Act, dated the 4th of July, 1958 was filed by the present Appellant on the 14th of July, 1958. A written reply, dated the 18th of July, 1958, was given by the State. It is unnecessary to state the other proceedings, but ultimately an order was made by the Court on the 4th of August, 1958 as follows: I have heard the counsel for the parties. I find that the arbitrator has left the outstanding amount undetermined. An award ought to be certain, so that no reasonable doubt can arise upon the face of it. I, therefore, remit the award to the arbitrator under Section 16, Arbitration Act, to find out the exact outstanding amount and resubmit the award on a stamped paper stating the definite amount due inclusive of interest, etc., and from whom. Parties shall bear their own costs.
(3.) AS apparently no date was fixed for resubmission of the award, the file was consigned to the record -room on the 11th of August, 1958, After remission, the award, which was written on a stamped paper and was dated the 16th of April, 1959, was refiled in Court in May, 1959, although it is stated in the judgment that it was submitted in July, 1959. Notices were issued to the parties for filing objections, the notice on the Appellant having been served on the 11th of September, 1959. He filed an objections petition on the 21st of October, 1959. The objections were opposed and the following issues were framed: (1) Whether the objections are within time? (2) Whether the objections filed on the 4th of July, 1958 can be gone into even now? (3) Whether the arbitrator has misconducted himself or the proceedings?;