C.R. No.1281 of 2007(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Revision No. 1281 of 2007 (O&M) Date of Decision: November 17, 2009 The Ajnala Cooperative Sugar Mills ...........Petitioner Versus M/s Steel Master Industries ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr.Rahul Sharma, Advocate for the petitioner. Mr.O.P.Goyal, Senior Advocate with Ms.Anjana, Advocate for the respondent -- Sabina, J. (oral) This revision petition filed under Article 227 of the Constitution of India is for setting aside the impugned order dated 11.10.2006 passed by the Additional District Judge (Adhoc) Fast Track Court. The Arbitrator gave his award dated 21.2.1992 and directed the petitioner to pay Rs.140381/- to the claimant-respondent. The petition under Section 14(2) of the Arbitration Act, 1940 (for short `the Act') was filed by the respondent. The learned Civil Judge (Senior Division) Amritsar vide order dated 9.5.2002 set aside the award. The parties were given the liberty to get the matter again referred to the Arbitrator,if so, required. Aggrieved by the same, respondent filed an appeal under Section 39 of the C.R. No.1281 of 2007(O&M) 2 Act. Vide the impugned order dated 11.10.2006, the order passed by the learned Civil Judge (Senior Division) Amritsar was set aside and the award dated 21.2.1992 passed by the Arbitrator was made Rule of Court. Learned counsel for the petitioner has submitted that before the Civil Judge (Senior Division), both the parties had alleged that the Arbitrator had misconducted and, in these circumstances, the learned Civil Judge (Senior Division) had rightly set aside the award passed by the Arbitrator. Learned counsel for the respondent, on the other hand, has submitted that the respondent was only aggrieved by the part of the award of the Arbitrator whereby the full amount claimed by the respondent had not been allowed. However, the respondent had not pressed before the Civil Judge (Senior Division) that the Arbitrator had misconducted. Respondent had not filed any objections to the award. Hence, the award had been rightly made Rule of Court by the learned Additional District Judge. After hearing the learned counsel for the parties, I am of the opinion that this petition deserves to be dismissed. The respondent had filed an application under Section 14(2) of the Act asking the Arbitrator for filing the award in the Court. He reserved his right to file the objections after the award was filed. However, admittedly, no such objections were filed by the respondent. In these circumstances, it could not be said that the respondent also had any grievance against the award. It is another matter that the respondent had claimed more amount than the amount allowed by the Arbitrator. However, later on, the respondent was satisfied with the amount allowed by the Arbitrator and consequently, did not file any objection petition to the award. C.R. No.1281 of 2007(O&M) 3 Rather the respondent filed the reply to the objection petition filed by the petitioner. In these circumstances, the learned Civil Judge (Senior Division) had erred in holding that both the parties had claimed that the Arbitrator had misconducted and on this presumption had proceeded to set aside the award. The petitioner had challenged the award on the ground that the Arbitrator had misconducted but had failed to establish the said misconduct. It is a settled proposition of law that the Civil Court cannot sit as a Court of appeal on the findings recorded by the Arbitrator but can interfered only if the Arbitrator has misconducted. The Court cannot reappraise the evidence led before the Arbitrator. The Arbitrator has to decide as to whether the evidence led before it was sufficient or insufficient qua the dispute between the parties. Since the petitioner had failed to establish that the Arbitrator had misconducted himself in any manner, the learned Additional District Judge rightly made the award Rule of the Court. No ground for interference is made out. Dismissed ( Sabina ) Judge November 17, 2009 arya