A.K. Mathur, J. - (1.) This Misc. appeal is directed against the order dated 23rd May, 1984 passed by the District Judge, Ganganagar.
(2.) The brief facts giving rise to this appeal are that National Project Construction Corporation (hereinafter referred to as 'Corporation') was given a contract for construction, called 'Provision of Carpets and Forms 6987' through the Chief Engineer (Commondore works Engineers, of Govt. of India Bhatinda Zone. In terms of this contract the construction was done by the corporation but a dispute arose between the corporation and Government of India, therefore, in terms of contract that if any dispute arises then the matter shall be referred to arbitration, Brigadiar Shri N.L. Beri was appointed as a arbitrator to adjudicate on the claims. He was given four months time from 27th June, 1976 (date of appointment of arbitrator) to give his award but the time was extended from time to time and the Brigadiar Beri gave his award on 23rd of December, 1980. This was taken on record by the District Court on 1st of August, 1981. On 20th August, 1981 corporation filed an application before the District Judge under Sections 30 and 33 for setting aside of this award. The grievance of the corporation was that it was not given sufficient opportunity to lead evidence by the arbitrator. It is alleged that Brigadiar Beri gave them hearing on April 28, 1978 and April 29, 1978 at Chandigarh and thereafter on April 25, 1979 and April 27, 1979 at Pune. It is alleged that at Pune it was requested by the Corporation that they want to lead the evidence of one specialist but that evidence of that specialist was not taken by the arbitrator. On 16-12-80 the parties were directed to appear at Suratgarh for site inspection. It is alleged that the site was inspected in a very slip short manner. It is alleged that soon after the inspection of arbitrator gave his award without permitting corporation to lead any evidence on 23rd December, 1980.
(3.) The claim of the corporation was Rs. 43,56,330.35 paisa and the counter claim made by the Union of India was to the tune of Rs. 33,58,305.50 paisa before the arbitrator.;