Judgment

SABYASACHI MUKHARJI, J.:- This is a petition for leave to appeal against the judgment and order of the High Court dismissing an appeal from the order of the learned Subordinate Judge dismissing a challenge to the award. This is an unreasoned award. The petitioners challenge the award made in this case and ask for leave in view of the order passed by this Court on 16th July, 1986 in similar matters where the question of the validity of the unreasoned award has been referred to the Constitution Bench for consideration. Mr. R. K. Mehta, learned counsel for the petitioners submitted that this matter should also be referred for consideration before the Constitution Bench.

2. In this matter it appears that the contract was entered into by the parties in 1970-71 and the award was made in 1982. The High Court disposed of the objections to the award in 1987. It is true that the grounds of objections were filed before the learned Subordinate Judge and before the High Court. The ground was taken that it was an unreasoned award, inter alia, amongst many other grounds in the order of the High Court which have been gone into and these were that the arbitrator had misconducted himself and