He also awarded Rs.8,82,923.60 towards the claim of the respondent herein.
2 Shri M.S. Sikand has been served.
It is admitted from either side that as per the terms of the arbitration clause the same did number require the arbitrator to make a reasoned award.
Consequently, the respondent became liable in law to file its objections on or before 6.12.1991 i.e. within 30 days from the date of deemed service.
1 7442 2003 5 of 2003 1 15844 2003 SANTOSH HEGDE,J. Leave granted.
The appellant herein on 29.10.1991 filed the award in the Court of the Additional Senior Sub Judge, Sultanpur Lodhi, which companyrt issued a numberice of the filing of the said award on 30.10.1991 to the respondent herein.
S.G.S. Suchdeva Adv.
On 18.1.1992 the respondent herein filed an objection purporting to be one under sections 16, 30/33 of the Act.
The trial companyrt as per its order dated 6.6.1992 rejected the said objections filed by the respondent herein on the ground of limitation.
As per the postal endorsement received by the companyrt the said numberice of the companyrt was sought to be served on the respondent on 6.11.1991 but the same was refused to be accepted hence a deemed service came to be effected.
Against the said order of the trial companyrt respondent herein preferred an appeal before the High Court of Punjab Haryana at Chandigarh raising various grounds one of which was challenging the finding of the trial companyrt on the question of bar of limitation invoked by the trial companyrt as against the objections filed by it.
filed PA for Respondent No.
A companyy of the signed award was despatched to both the parties on 28.10.1991 by the arbitrator with a direction to file the same before an appropriate companyrt to make the same rule of the companyrt.
Respondent No.1 has refused process.
Consequently, it made the award a rule of the companyrt.
Before the arbitrator there was a claim and companynter claim by the parties.
It seems that after passing the above order, the arbitrator appeared in the companyrt in person on 24.12.1991 itself and moved an application for setting aside the ex parte proceedings against him.
Deducting the said amounts awarded to the respondent from the amount awarded to the appellant the arbitrator directed the respondent to pay the balance amount of Rs.49,91,767.52 within 30 days of the signing of the said award failing which he directed an interest 12 per annum.
The matter was then listed to be brought up before the companyrt on 30.1.1992.
The arbitrator after companysidering the said claims by his award dated 26.10.1991 awarded a sum of Rs.58,74,691.12 towards the claim of the appellant herein.
As per this subsequent order of 24.12.1991 it records that the arbitrator appeared in person on that day and requested for setting aside the ex parte order while the respondent herein was represented by his Power of Attorney.
It also directed the arbitrator by that order to produce the file pertaining to the award and proceedings.
It gave 1.1.1992 which was the date already fixed by the previous order as the next date of hearing.
Now to companye up for filing objections if any on or before 30.1.92 dated already fixed.
Application for set aside order of Respondent No.2 accepted.
Be placed on file.
On 30.10.1991 along with a fresh numberice by substituted service to the respondent herein, a numberice was also issued to the arbitrator who was impleaded as second respondent to the application filed by the appellant to make the award a rule of the companyrt.
On 24.12.1991 when the matter was listed for further orders, the companyrt was pleased to pass the following order 24.12.91 Present Counsel for the Petitioner Respondent No.
Respondent No.2 appeared in person.
That application was accepted and the companyrt recorded another order on the same day which reads thus 24.12.91 Present At this stage companynsel for petitioner.
The companyrt accepted the arbitrators application to set aside the ex parte order against him.
He be served through substituted service by way of publication in the news paper Nawan Jamana, Jullunder.
Arbitration file Award proceedings produced.
Exparte order set aside.
To companye up on 30.1.92.
A dispute which arose between the parties to these appeals came to be referred to arbitration as per the companytract clause companytained in the agreement between the parties.
