AIR 1982 (NOC) 245 (RAJ) ::(1982) WLN 105 (SC) ::(1982) 2 CivLJ 166 ::(1982) Raj LR 804 ::(1982) Raj LR 309 ::(1982) Raj LW 216

Rajasthan High Court

Hon'ble Judge(s): Dwarka Prasad, M. B. Sharma , JJ

(A) Arbitration Act (10 of 1940) , S.16— Remission of award - Powers and duties of arbitrator. In case an award is remitted to the arbitrator for reconsideration, it is within the powers of the arbitrator to take evidence of the parties, if such powers are not in any way affected by the order of the court remitting the award to the arbitrator. Whether the arbitrator should or should not hear evidence of the parties, must depend on the particular circumstances in every case and the arbitrator must exercise its discretion in a judicial manner. Though the arbitrator has power to take evidence on remission of the award to him for fresh consideration, the parties by their conduct can waive their right to lead evidence.(Para 6 7) Held on facts that the appellant, the Union of India was not able to make out a case entitling it to impeach the award of the arbilrator on the ground that the arbitrator improperly refused to take the evidence. (B) Arbitration Act (10 of 1940) , S.14— Fees of arbitrator - They are within discretion of arbitrator but they have to be reasonable and cannot be exorbitant or excessive. (Para 9) (C) Arbitration Act (10 of 1....