2001 (11) TMI 1064

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....trator is on the face of it illegal because \007: (a) Arbitrator has failed to consider counter-claim. (b) second reference to arbitrator was not maintainable under Order 2 Rule 2 CPC, and (c) the arbitrator has awarded interest despite the contrary condition in the agreement. 2. As against this, Mr. G.L. Sanghi learned senior counsel for the respond-ent as well as the respondent who is appearing in person submitted that in the written statement, counter-claim or set off was neither pleaded nor proved by the appellant before the arbitrator. He also contended that in case of claims raised by the respondent after preparation of final bill, there is no question of application of Order 2 Rule 2 CPC as rightly held ....

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.... or claim nor any counter claim was filed by the appellant, arbitrator has rightly not considered the same which was sought to be raised after lapse of 4 years of reference. Further the High Court has noted that the learned Additional Advocate General was unable to point out any legal basis to support the contention that arbitrator was required to go into the counter-claim in the circumstances of the present case. 5. There is also no substance in the contention raised by Mr. Ashwani Kumar, learned senior counsel for the appellant that the second reference was barred by Order 2 Rule 2 CPC As such the contention was not raised before the High Court. In any case, the dispute with regard to the subsequent claims arose after the first referen....