9911796707
TMI Blog1995 (7) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... l Court, while exercising the power under ss. 5, 8, 11 and 29 of the Arbitration Act, 1940 (for short, the Act ) would be justified in revoking the appointment of an arbitrator appointed in terms of clause 25-a of the contract. Clause 25-a reads thus: "Clause 25-A:- if question difference of objections whatsoever shall arise in any way connected with or arising out of this instruments or the mea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the terms of the contract unless legal misconduct of the arbitrator, fraud, disqualification etc. is pleaded and proved. It is not in the power of the party at his own will or pleasure to revoke the authority of the arbitrator appointed with his consent. There must be just and sufficient cause for revocation. There is no general power for the court to appoint an arbitrator unless the case falls w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g final payment of the contractor is the designated officer chosen voluntarily by the parties. It was impugned in the o.p. filed in the court of the Senior judge that the officer had delayed for considerable period in making the award and that, therefore, it necessitated the appellant to invoke the jurisdiction of the civil court under the Act. The High Court of Punjab and Haryana in the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le time, it is no longer open to contend that the arbitrator neglected to make the award. Under those circumstances, it cannot be said that there are any laches on the part of the arbitrator in giving the award. When the parties, under the clauses of the contract, have specifically chosen a named authority and not any other arbitrator, without the consent of the parties, court has no jurisdiction ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
