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2000 Supreme(Guj) 262

D.C.SRIVASTAVA, H.K.RATHOD
O. N. G. C. – Appellant
Versus
ANIL CONSTRUCTION CO. – Respondent


Advocates appeared:
Rajni H. Mehta, for the Appellant.
R. P. Bhatt, for the Respondents.

JUDGMENT

D. C. SRIVASTAVA, J. - These appeals arising out of the common judgment and decree of the City Civil Judge involving common questions of law and facts are proposed to be decided by a common judgment.

2. The brief facts giving rise to these appeals are as under :

In terms of Clause 25 of the Arbitration Agreement between the parties, the Arbitrator was appointed by the Court under Sections 8 and 9 of the Arbitration Act. The disputes between the parties were referred to the Arbitrator which entered upon the reference. The Arbitrator gave first interim award in favour of the first opponent before the Court below on 12.2.1983. This first interim award was admittedly accepted by the parties though with slight hesitation. The first opponent submitted second application on 25.4.1983 for second interim award, whereafter, second interim award was given by the Arbitrator on 20.5.1983. Upon coming to know of the second interim award, the applicant moved before the Arbitrator for time to file revision against the second interim award. Objection to the second interim award was also filed before the Arbitrator through Civil Miscellaneous Application No. 487 of 1983. The second interim






















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