- (1.) M/s. Electrical Storage Company Pvt. Ltd. respondent was ordered to supply 120 cells to Bhakra Management Board petitioner, vide order No. 95 dated 12.12.1974. A dispute arose between the parties with regard to the said supply. It was referred to the arbitration of Shri O.P. Puri, the then Superintending Engineer, O & M Circle, Dhulkot, Ambala City, in accordance with clause No. 17 of the purchase order. Award was pronounced by the said Arbitrator on February 17, 1977 in favour of the (sic) rule of the Court was moved in the Court of Senior Sub-Judge Ambala on 14.3.1977 on behalf of the petitioner under Sections 14 and 17 of the Indian Arbitration Act. Objections were filed on behalf of the respondent and setting aside of the award was sought. Learned Senior Sub-Judge, vide his judgment of May 23, 1986 set aside the award. The Board then moved an application before the learned Senior Sub-Judge Ambala, being Arbitration case No. 2 of 1987 on 7.1.1987, seeking appointment of another Arbitrator for adjudication of the dispute between the parties.
(2.) This application was contested on behalf of the respondent on various grounds. On the pleadings of the parties following issues were framed :- 1. Whether new Arbitrator should be appointed by revoking the authority of Shri O.P. Puri OPP. 2. Whether petition is not maintainable in the present form OPR. 3. Whether the petition is barred by limitation OPR. 4. Whether the petition is barred by res judicata OPR. After the parties led evidence learned Senior Sub-Judge, Ambala, returned the following findings :- Issues No. 1 and 2 Application for appointment of second Arbitrator was maintainable and a new Arbitrator could be appointed. Issue No. 3. Application was barred by time. Issue No. 4. Application was barred by principle of res judicata. On the basis of the above findings, the learned Senior Sub-Judge, Ambala, dismissed the application. The petitioner Board has impugned the above said judgment in this Civil Revision under Section 115 C.P.C.
(3.) Learned counsel for the parties have been heard.;