( 1 ) SHRI P. S. Sawhney had been appointed as the arbitrator. The learned arbitrator had submitted the award. In pursuance thereto objections have been filed under Section 30 read with Section 33 of the arbitration Act, 1940. The same have been filed on behalf of the objector (Delhi Electric Supply undertaking ).

( 2 ) IT has been pleaded that the arbitrator has misconducted the proceedings because principles of res judicata have been ignored. The applicant (M/s international Data Processing Company Pvt. Ltd) had filed civil writ No. 3302/90 before this court. The relief claimed were basically the same as were claimed in the arbitration proceedings. The said writ petition had since been dismissed. Since the earlier writ petition had been dismissed therefore the principles of res judicata would apply. It has further been alleged that the arbitrator had no jurisdiction to go into the legality of the agreement, which is outside the scope of the reference. The award otherwise is also claimed to be self-contradictory because on one hand the arbitrator has held in paragraph 8. 2 that clause 20 of the agreement is valid for five years from the date of the commencement of th