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First Appeals from original Orders Nos. 197 to 199 of 1984, heard on 2nd June, 1985.
Arbitration Act (X of 1940)--
---S. 39(1)--Order making award rule of Court--No suggestion of misconduct on part of arbitrator made--Award can be rejected only if arbitrator misconducted himself.
Malik Azam Rasool for Appellants.
Syed Najamul Hassan Kazmi for Respondent.
Date of hearing: 2nd June, 1985.
This judgment will dispose of First Appeal from original Order No. 197 of 1984, First Appeal from original Order No. 198 of 1984 and First Appeal from original Order No. 199 of 1984.
2. The respondents carried out certain sewerage works under a contract with the appellants. The work was completed in 1976 and has been in operation ever since. Certain payments were due to the respondents and the matter went to arbitration. The award of the Arbitrator was subsequently made the rule of the Court on 30th July, 1984. This order has been challenged in the three appeals. The appellants point out that no payment could be made to the respondents without the ex-filteration test but this is no ground to reject the award as an award can be rejected only if the Arbitrator has misconducted himself. There is not even a suggestion of misconduct on the part of the Arbitrator. There is, therefore, no merit in the appeals. These are dismissed with costs.
H.A.K.
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