KB COMPUTER FORMS Vs. YK GOEL & ANOTHER

JUDGEMENT

(1.) CM 111/2010

(2.) EXEMPTION allowed subject to all just exceptions.

(3.) THE arbitrator has in the award noted that upon the failure of the appellant to appear in spite of repeated opportunities, the arbitrator had no option but to proceed ex parte against the appellant. Even though the appellant had not appeared before the arbitrator but the arbitrator still found that the parties had business dealings; that the cheques issued by the appellant in favour of the respondent in discharge of liabilities had been dishonoured and complaint of offences under Section 138 of the Negotiable Instruments Act had been filed by the respondent against the appellant; that the bills of sale of goods i.e. paper, by the respondent to the appellant and for the balance amount due where under the claim was preferred by the respondent, contained a clause as under: