The Housing Board, Haryana respondent No.1 hereinafter referred to as the Board , filed two separate money suits against the appellant in the Court of the Senior Sub Judge, Sonepat, which were transferred to the Court of Addl.
On receipt of the references, the Arbitrator entered thereupon and fixed 6th May, 1997 as the date for hearing the parties in the arbitration proceedings, on which date the Contractor attended the proceedings whereas the Executive Engineer, who was representing the Board, absented himself.
The Arbitrator thereupon gave the awards on 28th June, 1997.
Applications under Section 14 2 of the Act were filed on behalf of the Contractor for summoning the original awards from the Arbitrator and, upon receipt of the same and after hearing the parties, making the awards rule of the Court.
Civil Judge Sr.
Accordingly the arbitration proceedings were adjourned to 18th June, 1997, on which date, an affidavit was submitted on behalf of the Board in support of its case and after evidence was adduced on behalf of the parties, companynsel appearing on behalf of the Contractor resumed further argument and companycluded the same whereafter, companynsel appearing on behalf of the Board also companycluded his argument on that day itself.
Divn. ,
Hence, these appeals by special leave.
These appeals by special leave are directed against judgment rendered by the High Court of Punjab Haryana at Chandigarh in Civil Revision Applications whereby the same have been allowed, orders passed by the appellate companyrt upholding orders of the trial companyrt disallowing the objections under Section 30 of the Arbitration Act, 1940 hereinafter referred to as the Act have been set aside, objections allowed and awards set aside.
N.AGRAWAL, J. Leave granted.
Sonepat, who, by separate orders dated 19th March, 1997, as agreed to by the parties, appointed Superintending Engineer, A.D.B. Branch Circle, P.W.D. B R Br.
On the next date of hearing, i.e., on 13th May, 1997, while the Executive Engineer made a prayer for adjournment for filing the written reply, the Contractor attended the proceedings and filed documents and his companynsel almost companycluded the argument.
In the meantime, on 2nd June, 1997, Shri R.K. Jain, Superintending Engineer, A.D.B., Branch Circle, P.W.D. B R Branch, Faridabad, who was the Arbitrator, was transferred and posted as Superintending Engineer, Construction Circle No.1, Union Territory Chandigarh, but he companytinued with the arbitration proceedings in spite of his transfer.
Faridabad, as Arbitrator for settlement of certain disputes between the parties pertaining to the works of companystruction of Houses in the Housing Board Colony at Sonepat.
