Civil law
Querist :
Anonymous
(Querist) 31 August 2011
This query is : Resolved
Dear Friends,
In one of the arbitration matter we got majority award in our favour before arbitration tribunal.
Other side challenged the said award in District court and arbitral award confirm by the District court.
Further, other side moved to the High Court. High Court Division Bench confirm the order for 75% amount in our favour and for 25% amount both judges expressed separate views, and for separate view matter placed before the Chief Justice of High Court for appropriate order.
As per Chief Justice order matter came before the other Judge of High Court to decide.
Matter will be before the bench in coming month for argument. But previously on two occasions the Judge urged to take whole matter separately instead to decide only for 25% amount.
Now we need some clarification:-
1. Has delegated judge power to take whole matter as fresh? Or he can only pass order for 25% amount on which DB differs?
2. Can we go before Chief Justice to amend previous order and pass specific order to decide the matter for 25% amount on which DB differs?
3. What will be the impact of delegated judge order if third view arose?
Guidance requested in light of Arbitration & Conciliation Act, 1996 and Code of Civil Procedure, 1908.
Devajyoti Barman
(Expert) 31 August 2011
1. No , he can decide only on the assigned matter i.e. on 25%.
2,No, then you have go for appeal against the whole jedgement.
3.His decision would be final if not assailed further.
