SHANKAR DAS RUP LAL Vs. GOVERNOR GENERAL IN COUNCIL NOW DOMINION OF INDIA

JUDGEMENT

(1.) THIS is an appeal against an order passed by Mr. Chhaju Ram, Senior Subordinate Judge, Delhi, dismissing the objections filed by the appellant against an award given by Mr. Shiv Charan Singh arbitrator.

(2.) ON the 12th of August 1942, the Government of India asked for tenders for eyelets and the tender of Messrs. Shankar Dass-Rup Lal was accepted. Deliveries were to be made by them in three instalments, i.e., on the 30th of September 1942, 31st of October 1942, and 30th of November 1942. The contract between the parties contained an arbitration clause which is given as paragraph 20 of the conditions attached to the invitation for tender, Exhibit P. 23, and ft was in the following terms :

(3.) ON the 23rd of March 1948, objections were filed on behalf of the appellant firm through Ram Lal, a partner, to the effect that: (1) the appointment of the sole arbitrator was not made by the firm or by its partners and one partner alone had no authority to make the appointment and (2) the arbitrator was guilty of judicial misconduct, because (a) the Government sustained no loss and the arbitrator had not applied his mind to the conditions of the contract; (b) the award was not supported by any evidence the arbitrator had taken the 3rd of April 1943, to be the date of the breach and had assessed damages as on that date without there being any proof as to the rates prevailing on that date and