He, therefore, requested the Chief Engineer, the authority under Clause 25 of the agreement to appoint an arbitrator and pursuant to the said request, the Chief Engineer by his letter dated 25.11.93 did appoint an arbitrator.
Subsequently, the appointed arbitrator was changed.
The Union of India filed an objection under Sections 30 and 33 for setting aside the award.
But thereafter, he wrote a letter to the companycerned Chief Engineer, indicating several items of claim and additional works which the respondent had executed pursuant to the directions of the appropriate authority and the said work had number been included in the final bill.
Against the aforesaid order of the learned Single Judge, an appeal was carried to the Division Bench under Section 39 of the Arbitration Act.
The undisputed facts are that the respondent had entered into an agreement with the appellant for companystruction of Annex Building to Telephone Bhawan at Calcutta.
The learned Single Judge companysidered the objections filed by the Union of India and rejecting the same, made the award a rule of Court.
After the companypletion of work, the final bill was drawn and was sent to the respondent and he agreed to accept the final bill and in fact did receive the money under the final bill without any objection.
The learned Arbitrator ultimately passed an award and that award was filed before the High Court, for being made a rule of Court under Section 14 of the Arbitration Act, 1940.
Pursuant to an order of the High Court and before the arbitrator, the respondent filed his claim on different heads.
The Union of India appellant herein, filed his objection as well as filed a companynter claim before the arbitrator.
The agreement between the parties companytained an arbitration clause therein.
This appeal by the Union of India is directed against the judgment dated 28th of January, 1999 of the Division Bench of Calcutta High Court, dismissing the appeal of the Union of India, arising out of an arbitration proceeding.
PATTANAIK,J. LITTTTTTJ Leave Granted.
