2003 (10) TMI 382

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....i for the Respondent. ORDER 1. The appellant herein entered into an agreement with the respondent-National Fertilizers Limited, for construction of roads, bridges/culverts, pedestrian roads and sewerage etc. The agreement was a written one. It appears that the dispute has arisen between the appellant and the respondent, as a result of which the appellant moved to the Court for appointment of....

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....ection 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 Arbitrator had no jurisdiction. The appellant thereafter preferred an appeal before the High Court. The High Court also agreed with the view taken by the Civil Court and dismissed the appeal. It is against the said judgment of the High Cou....

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....e jurisdiction of the Arbitrator. He also accepted the awarded amount without any reservation. Had the appellant desired to challenge the award, he could have reserved his right to do so, but no such reservation was made in the letters sent by him. In this view of the matter, there remains no manner of doubt about the fact that the appellant had submitted to the award and it does not lie in the mo....

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....e 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 General Manager of the NFL and if the General Manager is unable or unwilling to act, then to the sole arbitration of the some other person in the employment of NFL and not below the rank of Dy. Manager appointed by the General Manager, willing t....