High Court Of Delhi
REFUGIS CO OPERATIVE HOUSING SOCIETY LIMITED - Appellant
Versus
HARBAN SINGH BHASIN. - Respondent
L.P.A. 98 of 1977
Decided On : 03/26/1982
( 2 ). The Registrar or his nominee when acting alone has to decide the referred dispute and may be performing the functions substantially of an arbitrator to whom a dispute has been referred for adjudication, but they do not make any award. They both render a decision, whereas the Committee of three arbitrators has to make an award. This is clear from the intrinsic evidence contained in the various provisions of the Act. Section 54a says that in case of any award made by the arbitrators under Section 54, the Tribunal I may, on the application of any of the parties to the award or otherwise for reasons to be recorded in writing, modify the award or set it aside or order that the dispute shall be referred back to the arbitrators in the manner provided under the said section. The proviso, however, provides that no such order can be made after the issue of a certificate under section 59 for the execution of the award and except on any of the specified grounds, namely (i) an objection to the legality of the award is apparent on the face of it, or (ii) the award has been vitiated in consequence of corruption or misconduct on the part of any of the arbitrators, or (iii) the award is in any way perverse. The Tribunal is also empowered to direct that all or any of the arbitrators who made the award shall not act again as arbitrators for deciding the dispute. Sub-section (3) says that when the dispute is referred back to arbitration, the arbitrators have to make a fresh award within such time as may be fixed by the Tribunal and if the arbitrators fail to make a fresh award within the time so fixed, then the Registrar or his nominee has to decide the dispute. Power is again given to the Tribunal to modify the award made under sub-section (3) or pass such order thereon as it deems fit. On the contrary, Section 56 of the Act provides for an appeal against the decision of the Registrar or his nominee whether made under Section 54 or under sub-section (3) of Section 54a. Section 57 further provides that the award of the arbitrators or a decision by the Registrar or his nominee under Section 54 or 54a shall not be liable to be called in question in any civil or revenue court. This section again maintains the distinction bet
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