P.S.Patwalia, J. - (1.) The present revision petition has been filed praying for setting aside of the order dated 17.04.2003 passed by the learned Civil Judge (Sr. Division), Kaithal as well as the order dated 03.12.2004 passed by the learned Additional District Judge, Kaithal rejecting the application of the petitioner for setting aside the award dated 27.02.1998.
(2.) Briefly the facts of the case are that tenders for construction of a road for village Majra Nand Karan to purchase centre of village Sherda were invited by the petitioner-Board. The tender of respondent no. 1-Dharam Pal, was accepted by the petitioner. He was due to complete the work within 11 months. There were disputes between the parties, as a result of which the petitioner had to get the remaining work done by allotting the same to another contractor. As per the contract agreement, the petitioner approached the Chief Engineer of the Board at Panchkula for appointment of an arbitrator. An arbitrator was appointed but he could not give the award within time. Ultinately, it was the civil court which changed the arbitrator and a new arbitrator-respondent no. 2 also an employee of the Board was appointed as arbitrator and he gave his award on 27.02.1998. It is against this award that the objections filed by the petitioner have been rejected by the Court of Civil Judge (Sr. Division), Kaithal and that order has been approved by the learned Additional District Judge, Kaithal, against which the present revision petition has been filed.
(3.) Notice was issued in this revision petition and respondent no. 1 has entered appearance.;