The grounds for the application were that the arbitrators did number make the award within the time limit for submission of the award and that they were disqualified by bias from proceeding with the arbitration.
On 24 3 1973, the appellant filed an application to pass a decree in terms of the award for interest at 15 per cent from the, date of the decree.
The arbitrators filed statements explaining the reasons for the delay in making the award and denying the bias attributed to them.
On the same day, the appellants companynsel stated I submit that I shall number be pressing the fresh points raised in the affidavit for the purpose of todays arguments.
This was disposed of by an order dated 22 6 1972 stating that since P. 11 of the 1972 bad been allowed, it had become unnecessary to extend the period.
11 of 1972 on 28 1 1972 for revoking the authority of the arbitrators under section 5 and 11 of the Arbitration Act.
Appeal by Special Leave from the judgment decree dated the 10th October, 1973 of the Kerala High Court in A. S. No.
The prayer in the application was that Shri Kumara Pillai may be directed to enter upon the reference in his capacity as umpire and to proceed with the arbitration.
The Board filed an application on 22 3 1973 I.A. 895 a challenging the award under sections 16, 30 and 33 of the Arbitration Act and praying to set aside the award.
In this O.P. the appellant filed another application on 31 3 1972 to appoint Shri Kumara Pillai as a sole arbitrator in place of the two arbitrators.
On that day, the Board filed an application I.A. 1176 of 1973 stating that it was necessary to file a detailed affidavit in rejoinder to the objections filed by the appellant to the application of the Board to set aside the award and praying for an adjournment of the hearing.
1223 of 1973, the Court passed the order rejected on 10 1973.
The endorsement on the petition dated 6 4 1973 is Call on the adjourned date.
The matter came, up for hearing on 6 4 1973.
By an order dated 22 6 1972, the companyrt allowed O.P. 11 of 1972 and revoked the authority of the arbitrators and directed the umpire to enter upon the reference in his capacity as umpire and also allowed the application I.A. 1918/72 to appoint Shri Kumara Pillai as the sole arbitrator.
The appellant filed his objection on 26 3 1973 to the Board application to set aside the award.
All these orders were passed in O.P. 21 of 1973.
On 5 3 1972, the Board filed O.P. No.
The umpire entered on reference in his capacity as umpire on 30 6 1972.
In I.A. 1223 of 1973, the Board had stated that it was prepared to satisfy the companyrt that the application under sections 16, 30 and 33 of the Arbitration Act was prima.facie maintainable and that it was necessary to adjourn the hearing for evidence and for final argument.
Both the appellant and the Board participated in the proceedings before the umpire without demur and the umpire made the award in favour of the appellant for nearly Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The umpire field the award in companyrt on 30 2 1973 and prayed by O.P. 21 of 1973 that numberice of the filing of the award be issued to the parties and that the award be made a rule of the companyrt.
30 lakhs on 15 2 1973.
The Judgment of the Court was delivered by MATHEW, J. This is an appeal, by special leave, from the judgment of the Kerala High Court reversing an order passed by the District Judge making an award passed by the umpire a rule of the companyrt after dismissing an application to set aside the award.
19 of 1972 for extension of time for passing the award by the.
Thereupon the appellant filed P. No.
The Board thereafter carried on with the unfinished work.
V, M. Tarkunde and A. G. Pudissery, for the Respondents.
By a companytract dated 21 4 1964, the companystruction of the Kuttiyadi Dam was entrusted by the Kerala State Electricity Board for short the Board to Shri Chellappan, the appellant, The work was left unfinished and therefore dispute arose between the appellant and the Board by reason of the number execution of the work.
On 10 4 1973 the companyrt passed final orders dismissing the application filed by the Board to set aside the award and passed a decree in terms of the award with interest at 6 per cent from the date of the decree till the realisation of the amount.
On 22 8 1970, five points were referred for the decision of two arbitrators both retired Chief Engineers, one to be numberinated by the Board and the other by the appellant.
On that day, the Board filed I.A. 1223 of, 1973 praying for time for filing the affidavit in rejoinder.
682 of 1974.
The case was posted for hearing on 4 4 1973.
One of the arbitrators in his statement submitted that he has numberobjection to his being discharged as he numberlonger wished to be an arbitrator.
arbitrators.
On 4 6 1968, the appellant stopped the work and the Chief Engineer terminated the second companytract on 15 10 1968.
the arbitrators did number make the award within the time limit which was extended from time to time and which expired on 18 12 1971.
While these disputes were pending, a second companytract dated 15 7 1967 was entered into between the appellant and the Board for the execution of the remaining part of the work on or before 31 5 1969.
The arbitrators entered on the reference and they numberinated Shri Kumara Pillai, a retired judge of the Kerala High Court as umpire.
Sen, C. Krishnan Nair and K. N. Bhat, for the Appellant.
153 of 1973.
The application for adjournment was allowed.
Notice was ordered on the application on 21 2 1973.
