Order
After spending considerable time in this case on the question of law, namely, whether the arbitrator had exceeded his jurisdiction in awarding the amount in question, the counsel on either side placed reliance on Sudarsan Trading Co. v. Govt. of Kerala (1989) 2 SCC 38 and to the contra position, the counsel appearing for the State of Kerala placed reliance on Associated Engg. Co. v. Govt. of A.P (1991) 4 SCC 93 Prima facie, we are of the view that the view in these two decisions are mutually conflicting. Shri A.S Nambiar, learned Senior Counsel has placed reliance on Hindustan Construction Co. Ltd. v. State of J&K (1992) 4 SCC 217 in which the ratio in Sudarsan Trading Co. v. Govt. of Kerala (1989) 2 SCC 38 was practically approved. Sudarsan Trading Co. case (1989) 2 SCC 38 was not brought to the notice of the Court in Associated Engg. Co. case (1991) 4 SCC 93. But however, in view of the apparent conflict of the abovesaid decisions, we deem it expedient that the matter may be referred to a three-Judge Bench for decision. The Registry is directed to post this matter before a Bench comprising three Hon'ble Judges.
Court Master