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1989 Supreme(SC) 287

R. S. PATHAK, S. NATARAJAN
Hari Dutt Bhardwaj – Appellant
Versus
Haryana State Agriculture Marketing Board, Punchkula – Respondent


JUDGMENT

PATHAK, CJI. :— Special leave granted.

This appeal by special leave is directed against the order of the High Court of Punjab and Haryana setting aside an arbitration award.

2. The Haryana State Agricultural Marketing Board (referred to shortly as the "Marketing Board") entered into a contract with the appellant for the construction of their office building at Panchkula near Chandigarh. It was stipulated that the work would be completed within six months. It was also stipulated that in case of a dispute between the parties, the Superintending Engineer of the Marketing Board would be appointed as sole Arbitrator.

3. A dispute arose between the parties in regard to completion of the construction, and it was decided to refer the matter to arbitration. On 11March,1983 the respondent appointed Shri D. P. Gupta, Superintending Engineer of the Marketing Board as Arbitrator. While the Arbitrator was seized of the dispute between the parties, the Chairman of the Marketing Board purported to revert him to his parent Department. On 6 April, 1984 the Arbitrator made his Award. Under the Award the appellant was held entitled to Rs. 55,242.66 with interest. On 2 May, 1984 the appellant app





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