- (1.) PETITIONER entered into a contract for installation of brick kiln in village Nangal Mundi, Tehsil Rewari with the Executive Engineer, Jawahar Lal Nehru Canal, during the year 1979-80. Dispute arose between the parties and ultimately the matter was referred for arbitration to the sole arbitration of Shri R. K. Bhatia, Superintending Engineer. Petitioner as well as the State of Haryana filed their claim and counter-claim. Petitioner claimed a sum of Rs. 10,79,404/- 43 paise against the respondent-State. State of Haryana filed a counter-claim for a sum of Rs. 2,67,953/ -. The Arbitrator after considering the claim and counter-claim, gave an award of on September 27, 1985. It awarded a sum of Rs. 1,70,384/- to the petitioner with interest @ 6 percent per annum.
(2.) THE award was filed in the Court by the Arbitrator suo moto. Petitioner filed an application for making the award a rule of the Court for issuing a decree in accordance with the award. Notice was issued to the State of Haryana. Objections were filed under Sections 30,31 and 33 of the Arbitration Act (hereinafter referred to as 'the Act'), raising various pleas including that the arbitrator had misconducted himself in the proceedings. On the pleadings of the parties, the following issues were framed by the trial Court: 1. Whether the impugned award is liable to be set-aside or remitted to the Arbitrator as alleged in the objection petition ? OPO. 2. Whether the objection petition in the present form is not maintainable? OPR. 3. Whether the objection petition is not properly Stamped? OPR. 4. Whether the petitioner is stopped from bringing the present petition by his own act and conduct? OPD. 5. Relief. No evidence was recorded by the trial Court as the same was not produced. The parties relied upon the facts and circumstances contained in the arbitration file and they argued thereon. Trial Court vide order dated October 29, 1987 made the award given by the arbitrator to be a rule of the Court. The objection petition filed by the State of Haryana was dismissed.
(3.) STATE of Haryana being aggrieved, filed an appeal before the first Appellate Court. The Appellate Court set-aside the judgment and decree of the trial Court making the award a rule of the Court. The matter was remitted to the Arbitrator. A further direction was given that arbitration proceedings be conducted by another Arbitrator i. e. Superintending Engineer (Canal), Narnaul. Petitioner being aggrieved has come up in revision to this Court. I have heard the counsel for the parties.;