Judgment

JUDGMENT:- Special leave granted.

2. This appeal is by the Union of India against the order of the High Court in Civil Revision No. 3153 of 1991. A dispute arose between the appellant and the respondent and that dispute was in terms of their contract referred to an Arbitrator appointed under Condition 70 of General Conditions of Contract. We shall read Condition 70 so far as it is material

"Arbitration - All disputes between the parties to the contract (other than those for which the decision of the CWE or any other person is by the Contract expressed to be viable and binding) shall, after written notice by either party to the Contract to the other of them, be referred to the sole arbitration of an Engineer Officer to be appointed by the authority mentioned in the tender documents".

If the Arbitrator so appointed resigns his appointment or vacates his office or is unable or unwilling to act due to any reason whatsoever, the authority appointing him may appoint a new arbitrator to act in his place".

3. The Arbitrator appointed in terms of Condition 70 conducted the proceedings until he retired voluntarily from the Govt. service on 17th September, 1990. The respondent-contract or