Vinod K. Sharma, J. - (1.) Present revision petition has been filed against the order passed by the learned Civil Judge (Junior Division), Chandigarh as affirmed by learned lower appellate court vide which award passed by respondent no. 2 was set aside and liberty was also given to the Union of India to substitute arbitrator to adjudicate the matter. Time frame was also fixed by way of impugned order.
(2.) Learned courts below set aside the award firstly on the ground that the award passed by the arbitrator was beyond the period of 4 months and the arbitrator had become functus officio. No time was extended as respondent no. 1 did not consent to extend time though Union of India extended the same. The second ground for rejection of. award was that respondent no. 1 had not even filed his detailed claim but the arbitrator gave no opinion on the claims as raised and, therefore, the award was held to be suffering from error on the face of record and without jurisdiction.
(3.) Learned counsel for the petitioner contends that keeping in view the conduct of the parties that the claims were not filed for 18 months and the arbitrator sent the documents for extension of time to which no reply was received it would be presumed that time was extended and also that for not filing the claim respondent was disentitled to claim any amount from the petitioner.;