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1982 Supreme(Pat) 133

P.S.SAHAY, HARI LAL AGRAWAL
State Of Bihar – Appellant
Versus
Liason And Contracts – Respondent


Judgment

1. This appeal has been filed by the appellants, the State of Bihar and its officers against the order of the court below making an award rule of the court. The question of law which arises for consideration in this appeal is as to whether a notice under Sec.14(2) of the Arbitration Act (the Act) has got to be issued to the party who has himself filed the award.

2. The facts are that the respondent No.1 had entered into a contract for executing certain works of the Irrigation Department in the district of Dhanbad in the year 1966. Under the agreement contained in the arbitration clause on some difference arising between the parties, the dispute was referred to the named arbitrator, defendant No.3 who gave an award in favour of the plaintiff for a sum of Rs.1,14,715/-. The plaintiff made an application for making the award a rule of the court.

3. The plaintiff had impleaded in the proceeding besides the arbitrator, the State of Bihar and the Superintending Engineer, Hazaribagh and the Executive Engineer, Dhanbad as defendants Nos.1, 2 and 4 respectively. It appears that defendants Nos.1, 2 and 4 had appeared jointly through the Additional Government Pleader, Dhanbad and had






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