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TMI Blog2003 (10) TMI 382X X X X Extracts X X X X X X X X Extracts X X X X ..... itration? Held that:- Appeal dismissed. - CIVIL APPEAL NO. 1996 OF 1998 - - - Dated:- 8-10-2003 - V.N. KHARE AND S.B. SINHA, JJ. Vijay Kumar and Ms. Sangeeta Kumar for the Appellant. K.N. Bhat and Ghanshyam Joshi for the Respondent. ORDER 1. The appellant herein entered into an agreement with the respondent-National Fertilizers Limited, for construction of roads, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho was appointed as the Sole Arbitrator, the Deputy General Manager (Materials) entered into the reference and, therefore, the award given by the Deputy General Manager (Materials) was without any jurisdiction and is a nullity. The said objection was rejected by the Court on the ground that the appellant having accepted the award, it was not open to him to challenge the same on the ground that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the award and once the appellant had submitted to the award unequivocally and without reservation, it is not open to him to challenge the award. We have looked into the record and find that the appellant had submitted unequivocally to the jurisdiction of the Arbitrator. He also accepted the awarded amount without any reservation. Had the appellant desired to challenge the award, he could have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter or thing, whatsoever, in any way arising out or of relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions of otherwise concerning the works, or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be referred to the sole arbitration of the G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter of entering into the reference of the Deputy General Manager (Materials) as once the General Manager was not available, the Deputy General Manager (Materials) was totally competent to enter into the arbitration and, thus, the objection taken by the appellant that the Deputy General Manager (Materials) had no jurisdiction must be rejected. 6. For all these reasons, we do not find an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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