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1971 Supreme(All) 65

SATISHCHANDRA, A.K.KIRTY
Union of India – Appellant
Versus
Ghaziabad Railway Station – Respondent


Advocates:
Gur Pratap Singh for Appellant; S. S. Bhatnagar, for Respondent.

Judgement

SATISH CHANDRA, J. :-his appeal is directed against an order setting aside the award.

2. M/s. Ghaziabad Railway Station Co-operative Labour Contract Society, obtained a contract for loco coal handling at the Ghaziabad station from the Northern Railway. Disputes arose between the parties. The General Manager Northern Railway, in accordance with the Arbitration clause in the agreement, appointed Sri R.C. Tandon, an officer of the Railway, as an Arbitrator, by an order dated 7-8-1964. The Arbitrator gave an award in favour of the Railways, on 5-4-1965. The Railway authorities moved an application under Section 14 of the Arbitration Act, praying that the award may be made the rule of the Court, and a decree be passed for Rs.58,038.60 against the aforesaid Society. The Society filed objections under Section 33 of the Arbitration Act. The learned Civil Judge upheld the objections and set aside the award. He found that the Arbitrator did not serve either a copy or any notice of the claim made by the Railway authorities before him on the Society. He was guilty of judicial misconduct, and the award was as such vitiated.

3. It appears that in August 1964 the Arbitrator served a notice





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