Full Judgment Text
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PETITIONER:
K.V. GEORGE
Vs.
RESPONDENT:
SECRETARY TO GOVT., WATER AND POWERDEPARTMENT, TRIVANDRUM &
DATE OF JUDGMENT05/10/1989
BENCH:
RAY, B.C. (J)
BENCH:
RAY, B.C. (J)
MUKHARJI, SABYASACHI (J)
CITATION:
1990 AIR 53 1989 SCR Supl. (1) 398
1989 SCC (4) 595 JT 1989 (4) 166
1989 SCALE (2)822
ACT:
Arbitration Act 1940---Sections 30, 33 and 41--Arbitra-
tor to make award after considering claims and counter
claims of the parties-Failure to do so is misconduct--Prin-
ciples of res-judicata applicable to arbitration proceed-
ings.
HEADNOTE:
The appellant, a contractor had entered into a contract
with the Respondent on 22nd April 1978 for the construction
of an embankment across Musaliyar Podom between chainage
2573.5 M to 2827 M of E.B. Main conal of Kallada Irrigation
Project. Under the contract-agreement, the work was to the
completed by March 30, 1980 i.e. two years From the date of
selection notice which was dated March 30, 1978. The appel-
lant having failed to complete the work as per the terms of
the contract, the Respondent by a notice dated 26.4.80
cancelled the contract at his risk and cost. Consequent
there-to the appellant filed a claim before the named Arbi-
trator (Case No. 132 of 1980), claiming enhancement of rates
in respect of the earth work involved in the contract. He
also claimed interest on delayed payment and costs. The
respondent resisted the claim and urged that the appellant
was not entitled to any enhancement, as the appellant should
have visualised and assessed the position before entering
into work contract which was to be completed within 2 years.
According to respondent the appellant had not even completed
35% of the work. Respondent, No. 2, therefore, filed a
counter-claim for Rs.28,84,000.
The Arbitrator made the award on 22.1.1981 in respect of
claim No. 1 thereby directing the Respondents to pay 35 per
cent increase in the agreed rate for the item of earth work.
However claim regarding interest on delayed payment was
disallowed. As regards the counterclaim filed by the Re-
spondent, the Arbitrator ordered that those issues will be
considered separately and thus no award in respect thereof
was made. The appellant thereupon filed O.P. (Arbitrator) 81
of 1981 before the Sub-Judge Trivandrum for making the award
a rule of the Court.
399
The Respondents having raised objection to the making of
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the award a Rule of the Court, the Sub-Judge remitted the
reference to the arbitrator by his order dated 18.8.81 for
fresh consideration, as the arbitrator had failed to consid-
er the counter-claim made by the respondent. The appellant
applied for review of the said order passed by Sub-Judge.
Contemporaneously, the appellant filed another claim peti-
tion before the arbitrator (case No. 276 of 1980) in respect
of the wrongful termination of the contract and made claim
in respect of 13 items. On 29th October 1981, the arbitrator
made an award whereby he ordered that the re-arrangement of
the work should not be at the risk and cost of the appel-
lants. He also ordered 30% increase in rates for all items
of work carried out by the appellant, except however those
items, which stood covered by his earlier award. Some of the
other claims were also allowed. The appellant filed O.P.
(Arbitrator) 296 of 1981 for making the second award a Rule
of the Court to which the Respondents raised objections. The
Sub-Judge by his order dated March 18, 1982 made the award a
rule of the Court dismissing the plea of res-judicata raised
by the Respondents. The Respondents being dissatisfied with
the order passed by Sub-Judge preferred two appeals before
the Kerala High Court. The High Court allowed both the
appeals holding that the Sub-Judge could not review his
order of the facts of the present case. The High Court also
held that principle of constructive res-judicata would apply
to the arbitration case. Accordingly the High Court set
aside the orders of the Sub-Judge as also the award and
directed that the arbitrator shah dispose of the Arbitration
case No. 132 of 1980 afresh in the light of the Judgment of
Sub-Judge in O.P. (Arbitrator) No. 81 of 1981 and in accord-
ance with law after taking into consideration the claim of
the appellant and the counter claim of the Respondents.
Hence these appeals by the appellant by Special Leave.
Dismissing the appeals, this Court,
HELD: It is the duty of the Arbitrator while considering
the claims of the appellants to consider also the counter
claims made on behalf of the Respondents and to make the
award after considering both the claims and counter claims.
This has not been done and the Arbitrator did not at all
consider the counter-claims of the respondents in making the
award. As such the first award dated 22.1.81 made by the
Arbitrator in Arbitration Case No. 132 of 1980 is wholly
illegal and unwarranted and the High Court was right in
holding that the Arbitrator misconducted himself and in the
proceedings by making such an award, and in setting, aside
the same and directing the Arbitrator to dispose of the
reference in accordance with law con-
400
sidering the claim of the contractor and the counter claim
of the respondent. [406F-G]
The order allowing the application for review by the
Trial Court is also had inasmuch as there was no mistake or
error apparent on the face of the order dated August 18,
1981 made O.P. (Arbitrator) No. 81 of 1981 nor any suffi-
cient reason has been made out for review of the said order.
[406H; 407A]
In the instant case, the contract was terminated by the
Respondents on April 26, 1980 and as such all the issues
arose out of the termination of the contract and they could
have been raised in the first claim petition fried before
the arbitrator by the appellant. This having not been done,
the second claim petition before the arbitrator raising the
remaining disputes is clearly barred. [407H; 408A]
Section 41 of the Arbitration Act provides that the
provisions of the Code of Civil Procedure will apply to the
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Arbitration proceedings. The provisions of res-judicate are
based on the principle that there shall be no multiplicity
of proceedings and there shall be finality of proceedings.
[408B]
Muhammad Hafiz & Anr. v. Mirza Muhammad Zakaria & Ors.,
AIR 1922 (PC) 23; Darvao & Ors. v. The State of U. P. &
Ors., [1962] 1 SCR 574 at 582-83; Satish Kumar & Ors. V.
Surinder Kumar & Ors., AIR 1970 SC 833, referred to.
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4209-10
of 1989.
From the Judgment and Order dated 10.4.1987 of the
Kerala High Court in M.F.A. No. 291 and 304 of 1982.
K.N. Bhat and Mukul Mudgal for the Appellant.
M.M. Abdul Khader and T.T. Kunhikanan for the Respond-
ents.
The Judgment of the Court was delivered by
RAY, J. Special leave granted.
These appeals on special leave have been filed by the con-
tractor,
401
K.V. George against the judgment and order passed on 10th
April, 1987 by the Kerala High Court in M.F.A. No. 291 and
304 of 1982 whereby the High Court set aside the judgment of
the Sub-Court, Trivandrum in O.P. (Arb.) No. 296 of 1981 as
also the award of the Arbitrator in A.C. No. 276 of 1980 and
directed that the Arbitrator will dispose of the Arbitration
case No. 132 of 1980 in the light of the judgment of the
Sub-Court in O.P. (Arb.) No. 81 of 1981 in accordance with
law considering the claim of the contractor-appellant and
the counter-claim of the respondents.
The appellant who is a contractor entered into a con-
tract with the respondents on April 22, 1978 in connection
with the construction of an embankment across Musaliyar
Padom between Chaniage 2573.5 M to 2827 M of E.B. Main canal
of Kallada Irrigation Project. The work was required to be
completed by 30th March, 1980 i.e. two years from the date
of selection notice which was dated 30th March, 1978. As the
appellant failed to complete the work as per the terms of
the contract, the respondents sent a notice dated April 26,
1980 to the appellant cancelling the contract at his risk
and cost. On July 2, 1980 the appellant filed a claim being
arbitration case No. 132 of 1980 before the named Arbitrator
i.e. the Chief Engineer (Arbitration), Vellayambalam, Tri-
vandrum claiming enhancement of rates in respect of the
earth work involved in the contract, interest on delayed
payments and costs. The second respondent, the Superintend-
ing Engineer, K.I.P. Circle, Karnataka filed a defence
statement stating inter alia in para 2(1) that the time of
completion of the work was fixed as 24 months from the date
of handing over site to the contractor and he could have
anticipated all such variations before quoting rates. As per
agreement the rates once agreed will not be enhanced. The
department is not bound to pay the claimant a revision of
schedule. In para 2(m) it has also been pleaded that as per
agreement the contractor is bound to carry out additional
and extra items of works that arise during execution. The
additional and extra items of works done by the contractor
are quite meagre when compared to the total volume of the
work. The extra and excess items were covered by supplemen-
tal agreement. The contractor was not able to complete even
35% of the total work within the time of completion of the
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work and as such the claimant is not entitled to attributed
delay on this account. A counterclaim was filed by the
Superintending Engineer, K.I.P. Circle, Kottarakkara, the
respondent No. 2 wherein a claim of a sum of Rs.28,84,000
was made.
The Arbitrator by his order dated January 22, 1981 made the
402
award in regard to claim No. 1 directing the respondents to
pay 35% increase in the agreed rate for the item of Earth
work excavating and filling for forming the compacted em-
bankment with earth from barrow area. Claim No. 1 was thus
allowed. Claim Nos. 2 and 3 regarding interest were disal-
lowed. As regards counter-claim Nos. 1 and 2, it was ordered
that those issues will be considered separately and so no
award was made.
The appellant thereafter filed O.P. (Arb.) No. 81 of
1981 in the court of Sub-Judge, Trivandrum under section 14
of the Arbitration Act for making the award a rule of the
court. On objections being raised by the respondents, the
Court of the Sub-Judge after hearing the parties by order
dated August 18, 1981 remitted the reference to the Arbitra-
tor for fresh consideration on the ground that the Arbitra-
tor did not consider the counter claims made by the respond-
ents. The appellant thereafter filed I.A. No. 3780/81 in the
court of Sub-Judge praying that the order dated August 18,
1981 may be reviewed. In the, meantime, the appellant filed
another arbitration case No. 276 of 1980 before. the same
Arbitrator in respect of the wrongful termination of the
contract and also raised 13 items of claims therein. The
Arbitrator after going through the objections of the re-
spondent made an award on October 29, 1981 whereby he or-
dered that the re-arrangement of the work should not be at
the risk and cost of the appellant. As regards claim No. 2,
he ordered 30% increase in rates (as per original and sup-
plemental agreement) for all items of work carried out by
the appellant except on items covered by Award No. 132 of
1980 dated 22.1.1981. Claim Nos. 3 and 5 were rejected. As
regards claim No. 4 an increase of 20 per cent in the agreed
rates for these items was allowed. Claim No. 11 regarding
interest was disallowed. It was also stated in the award
inter alia that the claimant shall be entitled to the refund
of the security amount as well as refund of the retention
amounts, the claimant shall be entitled to his final bill in
terms of the Award, the counter claim for recovery of costs
of rearrangement of work and also the counter claims filed
by the respondent dated April 8, 1981 were declined. The
appellant filed O.P. (Arb) No. 296 of 1981 for making the
second award a rule of the court. A statement of defence was
filed by the respondents wherein,it has been stated inter
alia in para 6 that:
"The claims made in this petition under paras
6(ii), (iii), (iv), (v), (vi) (vii) and (viii)
are barred by resjudicata and constructive
resjudicata. No work was done by the claimant
after termination of the contract on June 24,
1980.
403
The claim petition in Arbitration case No.
132/80 was filed by the claimant before the
Hon’ble Arbitrator on 2.7.1980. It was open to
him to raise these claims-in that Arbitration
petition. Having not done-this raising of
these claims now which are all bogus and
imaginary is barred by constructive resjudica-
ta. He had not raised these claims before
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Chief Engineer (next Superior Authority) and
also before the Hon’ble Arbitrator in his
petition dated 27.10.1980. Hence it is prayed
that the above claims may not be taken up for
arbitration and they may be rejected."
It has also been stated in sub-para (iv) of
para 6 that:
"(iv) As above. Also there had been no error
in the rates. The claimant was paid at his
agreed rates, and he had received it and also
no dispute lies on it. Claim may be rejected.
Work done was recorded as per item No. 7 of
Appl. of agreement and was paid as per agree-
ment."
The Sub-Judge by order dated March 18, 1982 made the
award a rule of the court dismissing the plea of res-judica-
ta raised by the respondents in O.P. (Arb.) No. 296 of 1981.
The respondents filed two appeals being FMA Nos. 291 of 304
of 1982 before the High Court of Kerala at Ernakulam which
held that the Arbitrator could not review its order on the
facts of the present case and so allowed F.M.A. No. 291 and
1982. The High Court also allowed F.M.A. No. 304 of 1982
holding that principles of constructive res-judicata would
apply to the arbitration case. Feeling aggrieved by the
aforesaid judgment and order passed in F.M.A. Nos. 291 and
304 of 1982, the appellant-contractor has preferred the
instant appeals on special leave.
Mr. Bhatt, learned counsel appearing on behalf of the
appellant has submitted in the first place that the High
Court was wrong in reversing the judgment and order of the
trial court without considering the provisions of Section
114 as well as Order 47, Rule 1 of the Code of Civil Proce-
dure in as much as Order 47, Rule 1 clearly provides that
review of an order may be made either on account of some
mistake or enor apparent on the face of the record, or for
any-other sufficient reason. In the instant case, the first
award was set aside by the Trial Court on the ground that
the counter claim filed on behalf of the respondents was not
considered by the Arbitrator and so it remitted the same for
consideration afresh. It has been held by the High Court
that the refusal to consider the counter claims had rendered
the prior
404
award liable to be set aside for mis-conduct of the Arbitra-
tor and the proceedings. It has been urged by the learned
counsel that the counter claim has been fully considered in
the second award made by the Arbitrator and as such the
first award cannot be set aside on the ground of non-consid-
eration of a counter claim and it cannot be treated as mis-
conduct of the Arbitrator/and the proceedings for nonconsid-
eration of the counter claim in the first award. It has been
further contended in this connection that the finding of the
High Court to the effect that the subsequent award passed by
the Arbitrator dealing with the counter claims did not have
the effect of mitigating the mis-conduct of the Arbitrator
or of condoning the error on the face of the award, is also
not sustainable in as such as the counter claim filed by the
respondents was duly considered by the Arbitrator in the
second award made by him.
It has also been submitted by the learned counsel for
the appellant that the principles of res-judicata and con-
structive res-judicata are not applicable to the award made
in Arbitration case No. 291 of 1981 in as much as the dis-
putes that were raised were not ripe for being referred to
Arbitration in view of the terms of the contract that the
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contractor had to raise the dispute before the Superintend-
ing Engineer and thereafter before the Chief Engineer and
had to wait till the end of the stipulated period. It has
been further submitted that since the period was not over,
the claims that have been raised subsequently in the second
claim petition before the Arbitrator could not be raised in
the first claim petition before the Arbitrator and as such
the second award made by the arbitrator cannot be said to
have been barred by res-judicata as provided in Section 11
of the Code of Civil Procedure or by the rules of construc-
tive res-judicata. The judgment and order of the High Court
in allowing F.M.A. No. 304 of 1982 setting aside the award
made in Arbitration case No. 296 of 1981 is unwarranted and
as such it is not sustainable. It has also been contended
that the claim made in the second claim petition before the
Arbitrator is not barred by order 2, rule 2 of the Code of
Civil Procedure in as much as the disputes raised in the
second claim petition before the Arbitrator were not ripe
for reference as the appellant had to wait till the end of
the stipulated period in accordance with the terms of the
contract. The judgment and order of the High Court in allow-
ing the F.M.A. No. 304 of 1982 is not legal and valid and is
liable to be set aside.
Mr. Abdul Khadir, learned counsel appearing on behalf of
the respondents on the other hand urged before this Court
that the SubJudge acted legally in directing the Arbitrator
to dispose of the arbitra-
405
tion case No. 132/80 in the light of the judgment of the
Sub-Court in O.P. (Arb.) No. 81 of 1981 and in setting aside
the order of review because no case for review nor any
sufficient cause has been made out for exercising the power
of review under Section 114 read with Order 47, Rule 1 of
the Code of Civil Procedure. The High Court, it has been
submitted, was right in holding that the order of review was
unwarranted and in setting aside the same and directing the
Arbitrator to dispose of the reference in accordance with
law considering the claim of the contractor-appellant and
the counter claim of the respondents. It has been further
submitted by Mr. Abdul Khadir that in view of the provisions
of Section 41 of the Arbitration Act which specifically
provides that the provisions of the Code of Civil Procedure
shall apply to arbitration proceedings, the principles of
res-judicata or of constructive res-judicata will apply to
arbitration proceeding. The appellantcontractor having not
raised all his claims in his first claim petition made to
the Arbitrator for decision and award having been made
thereon, the second claim petition before the Arbitrator
making certain other claims in Arbitration Case No. 276 of
1980 is barred by the principles of constructive res-judica-
ta in as much as on the termination of the contract by order
dated April 26, 1980 the contractor could have raised all
his disputes arising out of the contract at that time, but
the appellant chose to take only some of the issues arising
from the said breach of contract before the Arbitrator. The
second claim petition raising some issues before the Arbi-
trator is therefore, hit by the principles of constructive
res-judicata and the High Court rightly allowed the appeal
setting aside the award made in Arbitration Case No. 276 of
1980. It has also been submitted that the provisions of
Order 2, Rule 2 of the Code of Civil Procedure apply to the
arbitration case and the appellant having not sought refer-
ence of all the issues, he should be deemed to have surren-
dered those issues and he is debarred from raising those
issues in a subsequent claim petition made before the Arbi-
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traror. In this connection, he has cited the ruling in
Muhammad Hafiz and Anr. v. Mirza Muhammad Zakaria and Ors.,
AIR 1922 (PC) 23. The learned counsel drew our attention to
para 2(i) of the objections filed by the respondents in
Arbitration Case No. 132 of 1980 wherein it has been stated
that:
" ........ As per agreement the rates once
agreed will not be enhanced. The department is
not bound to pay the claimant a revision of
schedule."
It has been further submitted by the learned counsel on
behalf of the respondents that the appellant was not enti-
tled to an increase in
406
the rates as he claimed increase with the agreement and the
claim that has been made is untenable.
It has been lastly submitted on behalf of the respond-
ents that the Arbitrator has mis-conducted himself and the
proceedings by not deciding the counter claim filed by the
Government while considering the claim filed by the appel-
lant and making a award. The High Court has rightly held
that the Arbitrator mis-conducted himself and the proceed-
ings and allowed the appeal, setting aside the second award
made by the Arbitrator in Arbitration Case No. 276 of 1980.
The first question that falls for consideration in this
case is whether the finding of the High Court setting aside
the order of review made in I.A. No. 3780 of 1981 and set-
ting arise the order made in O.P. (Arb.) No. 81 of 1981
dated August 18, 1981 whereby the case was remanded to the
Arbitrator is sustainable or not. Admittedly, the appellant
filed a claim petition being Arbitration Case No. 132 of
1980 making certain claims before the Arbitrator. The re-
spondents filed the counter claims. The Arbitrator without
considering the counter claims kept the counter claims for
subsequent consideration and made an award. The Trial Court
set aside the award and remitted the same to the Arbitrator
for making a fresh award considering the claims and
counter-claims filed by the parties. On an application for
review, the Trial Court set aside the order and passed a
decree in terms of the award. It is not disputed that the
Arbitrator did not at all consider the counter claims and
kept the same for consideration subsequently while making
award in respect of the claims filed by the appellant.
Undoubtedly, this award made by the Arbitrator is not sus-
tainable in law and the Arbitrator has mis-conducted himself
and in the proceedings by making such an award. It is the
duty of the Arbitrator while considering the claims of the
appellant to consider also the counter claims made on behalf
of the respondents and to make the award after considering
both the claims and counter claims. This has not been done
and the Arbitrator did not at all consider the counter
claims of the respondents in making the award. As such the
first award dated January 22, 1981 made by the Arbitrator in
Arbitration Case No. 132 of 1980 is wholly illegal and
unwarranted and the High Court was right in holding that the
Arbitrator mis-conducted himself and the proceedings in
making such an award and in setting aside the same and
directing the Arbitrator to dispose of the reference in
accordance with law considering the claim of the contractor
and the counter claim of the respondents. The order allowing
the application for review by the Trial Court is also bad in
as much as there was no mistake or error
407
apparent on the face of the order dated August 18, 1981 made
in O.P. .(Arb.) No. 81 of 1981 nor any sufficient reason has
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been made out for review of the said order. The order dated
August 18, 1981 is legal and valid order and the order dated
March 18, 1982 allowing the, application for review being
I.A. No. 3780 of 1981 and setting aside the order in O.P.
(Arb.) 81 of 1981 dated August 18, 1981 is, therefore, bad
and unsustainable.
With regard to the submission that the issues that have
been raised in the second claim petition before the Arbitra-
tor is barred under the provisions of Order 2, Rule 2 of the
Code of Civil Procedure, it is convenient to refer to a
passage in Mulla’s Code of Civil Procedure (Volume II,
Fourteenth Edition) at page 894:
" .... This rule does not require that when
several causes of action arise from one trans-
action, the plaintiff should sue for all of
them in one suit. What the rule lays down is
that where there is one entire cause of ac-
tion, the plaintiff cannot split the cause of
action into parts so as to bring separate
suits in respect of those parts."
It is pertinent to refer in this connection to the
decision in Muhammad Hafiz and Anr. v. Mirza Muhammad Zaka-
riya and Ors., AIR 1922 (PC) 23 wherein a mortgage deed
provided that if the interest was not paid for six months
the creditor should be competent to realise either the
unpaid amount of the interest due to him or the amount of
principal and interest, by bringing a suit in court without
waiting for the expiration of the time fixed, and the Plain-
tiff, more than 3 years after (i.e. time fixed), brought a
suit for interest alone and got a decree. It was held that
the second suit for principal and arrears of interest was
not maintainable as under Order 2, Rule 2, C.P.C. he must be
deemed to have relinquished his claim for further relief, he
having exercised the option of suing for interest alone. It
was further held that the cause of action referred to in the
rule is the case of action which gives occasion to, and
forms the foundation of, the suit, and if that cause enables
a man to seek for larger and wider relief than that to which
he limits his claim, he cannot afterwards seek to recover
the balance by independent proceedings.
In the instant case, the contract was terminated by the
respondents on April 26, 1980 and as such all the issues
arised out of the termination of the contract and they could
have been raised in the first claim petition filed before
the Arbitrator by the appellant. This having
408
not been done the second claim petition before the Arbitra-
tor raising the remaining disputes is clearly barred.
With regard to the submission as to the applicability of
the principles of res-judicata as provided in Section 11 of
the Code of Civil Procedure to arbitration case, it is to be
noted that Section 41. of the Arbitration case provides that
the provisions of the Code of Civil Procedure will apply to
the Arbitration proceedings. The provisions of res-judicata
are based on the principles that there shall be no multi-
plicity of proceedings and there shall be finality of pro-
ceedings. This is applicable to the arbitration proceedings
as well. It is convenient to refer to the decision in Daryao
and Ors. v. The State of U.P. & Ors., [1962] 1 SCR 574 at
582-83 wherein it has been held that the principles of res-
judicata will apply even to proceedings under Article 32 and
226 of the Constitution of India. It has been observed that:
"Now, the rule of res-judicata as indicated in
s. 11 of the Code of Civil Procedure has no
doubt some technical aspects, for instance the
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rule of constructive res-judicata may be said
to be technical; but the basis on which the
said rule rests is rounded on considerations
of public policy. It is in the interest of the
public at large that a finality should attach
to the binding decisions pronounced by Courts
of competent jurisdiction, and it is also in
the public interest that individuals should
not be vexed twice over with the same kind of
litigation. If these two principles form the
foundation of the general rule of res-judicata
they cannot be treated as irrelevant or inad-
missible even in dealing with fundamental
rights in petitions filed under Art. 32."
In Satish Kumar and Ors. v. Surinder Kumar
and Ors,, AIR 1970 (SC) 833 it has been ob-
served that:
"The true legal position in regard to the
effect of an award is not in dispute. It is
well settled that as a general rule, all
claims which are the subject-matter of a
reference to arbitration merge in the award
which is pronounced in the proceedings before
the arbitrator and that after an award has
been pronounced, the rights and liabilities of
the parties in respect of the said claims can
be determined only on the basis of the said
award. After an award is pronounced, no action
can be started on the original claim which had
been the subject-matter of the
reference ........... This con-
409
clusion, according to the learned Judge, is
based upon the elementary principle that, as
between the parties and their privies, an
award is entitled to that respect which is due
to judgment of a court of last resort. There-
fore, if the award which has been pronounced
between the parties has in fact, or can, in
law, be deemed to have dealt with the present
dispute, the second reference would be incom-
petent. This position also has not been and
cannot be seriously disputed."
Considering the above observations of this Court in the
aforesaid cases we hold that the principle of res judicata
or for that the principles of constructive res judicata
apply to arbitration proceedings and as such the award made
in the second arbitration proceeding being Arbitration Case
No. 276 of 1980 cannot be sustained and is therefore, set
aside. The High Court has rightly allowed the F.M.A. No.304
of 1982 holding that the appellant-contractor was precluded
from seeking-the second reference. No other points have
raised before us by the appellant.
In the premises aforesaid, we dismiss these appeals with
costs quantified at Rs.5,000 and affirm the judgment and
order dated April 10, 1987 made by the High Court.
Y. Lal Appeals dismissed.
410