The State of Punjab and others Vs. M/s. Gupta Construction Company
EmailAppeal: Civil Appeal No. 1351 of 1988.
(Arising out of S.L.P. (Civil) No. 1616 of 1988.)
(Arising out of S.L.P. (Civil) No. 1616 of 1988.)
Petitioner: The State of Punjab and others
Respondent: M/s. Gupta Construction Company
Apeal: Civil Appeal No. 1351 of 1988.
(Arising out of S.L.P. (Civil) No. 1616 of 1988.)
(Arising out of S.L.P. (Civil) No. 1616 of 1988.)
Judges: SABYASACHI MUKHARJI & S. RANGANATHAN, JJ.
Date of Judgment: Apr 08, 1988
Head Note:
ARBITRATION
Appointment of arbitrator – In view of the facts and circumstances of the case, instead of the Arbitrator mentioned in the Agreement, the Court appointed a former Judge of the High Court as Arbitrator.
JUDGEMENT:
O R D E R
1. Special leave granted.
2. Having regard to the facts and circumstances of the case instead of the Arbitrator mentioned in the Agreement and in dispute, we appoint Shri R.N. Mittal, a former Judge of the High Court of Punjab and Haryana in all the matters in dispute in the instant case. He will enter upon reference as soon as possible and within four months thereafter make a public award and the parties are directed to co-operate with him in making the award. Shri Mittal will fix his remuneration and other conditions which will be shares equally by both the parties. In case for any reason, Shri Mittal is unable to act as an Arbitrator Shri P.C. Pandit, another former Judge of the High Court of Punjab and Haryana will act on the same terms and conditions. The appointment of the Arbitrator by the Trial Court is set aside. The award so made will be filed in the appropriate Court at Chandigarh. Costs of these proceedings will be costs in the arbitration proceedings.
3. The appeal is disposed of accordingly.
1. Special leave granted.
2. Having regard to the facts and circumstances of the case instead of the Arbitrator mentioned in the Agreement and in dispute, we appoint Shri R.N. Mittal, a former Judge of the High Court of Punjab and Haryana in all the matters in dispute in the instant case. He will enter upon reference as soon as possible and within four months thereafter make a public award and the parties are directed to co-operate with him in making the award. Shri Mittal will fix his remuneration and other conditions which will be shares equally by both the parties. In case for any reason, Shri Mittal is unable to act as an Arbitrator Shri P.C. Pandit, another former Judge of the High Court of Punjab and Haryana will act on the same terms and conditions. The appointment of the Arbitrator by the Trial Court is set aside. The award so made will be filed in the appropriate Court at Chandigarh. Costs of these proceedings will be costs in the arbitration proceedings.
3. The appeal is disposed of accordingly.
