IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.S. Kailasam and N.S. Ramaswami, JJ.
M.J. Xavier .. .....Appellant(s)
Versus
N. Chidambaram, Deputy Secretary to Government of India, New Delhi and another .. .....Respondent(s)
AA.O. No. 216 of 1965.
Decided On : 27 February 1973
2. The learned Counsel for the appellant contends that the Arbitrator has misconstrued the terms of the contract in fixing the rate in respect of the packages handled by the appellant and that amounted to legal misconduct as contemplated under section 30 (a) of the Arbitration Act. The second argument of the learned Counsel is that the Arbitrator had failed to decide certain questions that had been referred to him and that, therefore, the award is invalid and liable to be set aside. After hearing the learned Counsel, we are satisfied that neither of the grounds urged by the learned Counsel is available to him. The Arbitrator has not given any reasons in his award in coming to the conclusion regarding the rate at which the appellant is entitled to claim in respect of packages handled by him. Therefore, there is absolutely no force in the contention that the finding of the Arbitrator regarding the rate is an en or of law on the face of the record. We do not see any force in the contention of the learned Counsel that the Arbitrator has really made out a new contract for the parties and that the finding of the Arbitrator regarding the rate cannot be supported on the terms of the contract. Though it appears that the appellant had urged before the lower Court that the Arbitrator had misconducted himself, such an argument is not put forward before us. The only contention as far as this point is concerned is that there is legal misconduct, in that the Arbitrator misconducted the proceedings. Unless the appellant is in a position to show that there is any error of law on the face of the award or any document attached to the award, he cannot succeed in establishing that there is error of law on the face of the record resulting in legal misconduct. Therefore, on the first point raised the appellant should fail.
3. The second poin
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