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1984 Supreme(Cal) 376

PRATIBHA BONNERJEA
BRIGHT WIRE AND STEEL INDUSTRY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.C.BHABRA, C.S.SHARMA, D.K.BASU, P.K.Sen

PRATIBHA BONNERJEA, J.


( 1 ) IN this application for setting aside the award dated 3rd March 1982 under Ss. 30 and 33 of the Arbitration Act, the petitioner's counsel pressed three grounds as follows : - 1. The arbitrator was biased against the petitioner. 2. The arbitrator has gone beyond the scope of the reference and made the award in excess of his jurisdiction. 3. The award was made out of time and is non est. The rest of the grounds were not pressed.

( 2 ) WITH regard to the first ground, the allegations in the petition are that the arbitrator went out of his ways to accommodate the respondent by allowing it repeated extensions of time to file its statement of claim. According to the petitioner, such a conduct proved that the arbitrator was in favour of the respondent and was biased against the petitioner from the very beginning. It appears that on 9-7-1981 the arbitrator directed the respondent to file statement of claim by 6-8-1981 and the petitioner to file its counter statement on 7-9-1981. On 18-8-1981, at the request of the respondent, the time was extended till 15-9-1981. On 16-9-1981, at the request of the respondent a further extension of time was granted by the arbi








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