JUDGMENT
N.C. Kochhar, J.
(1) M/S.PEOPLE Co-operative Labour & Construction Society Ltd. (the Society) had entered into a contract with the Union of India for doing the work of “Formation of designed Section of Ghazipur Drain and desalting of Connate from Rdo to RD618 OM” and an agreement bearing No. EEV/FCD/ACS/Agt. 8 had been entered into between the partics. The said agreement is governed by the arbitration clause according to which in the event of disputes between the parties, they have to be decided by an arbitrator to be appointed by the Chief Engineer, Irrigation & Foods, Delhi (the Chief Engineer). The disputes having arisen between the parties, the Society moved the Court with an application under sections 8 and 20 of the Arbitration Act (the Act) for appointing an arbitrator and the said petition (Suit No. 369-A183) was allowed vide order dated 25th November, 1983 passed by Leila Seth, J. and a direction was issued to the Chief Engineer to appoint an arbitrator to decide the disputes between the parties. Mr. D. P. Sehgal who was working as the Director of Central Water Commission at New Delhi and had been dealing with other arbitration matters also, was appointed as the arbitrator to decide the disputes between the Society and the Union of India in the present case.
(2) Mr. Sehgal made a reference to this Court under section 13(b) of the Act staling that he had entered upon the reference on 7th November, 1984 and that before the decision of disputes, he retired from the Government service but he was asked to continue with the arbitration in the cases which were pending before him and that the approval of the Chief Engineer in this regard was conveyed to him vide a letter issued in November. 1985. He has further stated that out of 33 hearings fixed in this case, 9 were fixed during the period after he retired, and the last hearing was fixed on 12th January, 1987, on which date none appeared for the Union of India and no information was sent to him and that he had received a letter dated 17th December, 1986 staling that all the cases pending before him were withdrawn on the ground that he had retired from the service. He has mentioned that under section 5 of the Act the authority of an appointed arbitrator is not revocable except with the leave of the competent Court and had sought the opinion of this Court in this matter. This reference was registered as O.M.P. 34 of 1987 and notice thereof was issued to the partics.
(3) A contention has been raised on behalf of the Society that the arbitration case cannot be withdrawn from Mr. Sebgal without the leave of the Court and as such he should continue as an arbitrator. The contention of the Union of India on the other hand is that according to the rules and arbitration agreement governing the parties, after Mr. Sehgal retired from service. he could not continue to act as an arbitrator and a successor has to be appointed by the Chief Engineer.
(4) Under section 13(b) of the Act, an arbitrator has the power to state a special case for the opinion of the Court on any question of law involved and under section 14(3), on a reference being received from the arbitrator, the Court would give notice to the parties and after hearing them, shall pronounce its opinion thereon.
(5) I am of the view that a question of law on which the opinion can be sought by the arbitrator is one which arises for deciding the disputes referred to the arbitrator and pending before him. In the present case the matter referred to this court is unconnected with the disputes pending before the arbitrator but pertains to his jurisdiction to continue to act as an arbitrator and as such as the reference itself is not competent. I am supported in this view by the decision of the Calcutta High Court in case Clive Mills Ltd. v. Swalal Jain, .
(6) In the result, holding that the reference made by Shri Sehgal is not competent, I dispose of Shri Sehgal’s statement of case by expressing no opinion on the ground that such question cannot be asked by him by way of statement of case for the opinion of the court.
OMP34 of 1987 stands disposed of, accordingly.
A copy of this order be sent to Shri D. P. Sehgal