MOTOR AND GENERAL FINANCE LIMITED Vs. SHANKER SINGH

JUDGEMENT

(1.) This is a suit under. Sections 14 and 17 or the Arbitration Act 1940 for direction to the arbitrator, respondent No.5 to file the award dated Ist August,1996 and the proceedings in the court and make the same as a rule of the court.

(2.) Though the respondents have filed the objections to the award but none has put an appearance on their behalf. Put briefly the facts are as under:-

(3.) In the proceedings under Section 20 of the Arbitration Act initiated by the petitioner, which was registered as a suit No. 4546/92 titled the Motor & General finance Limited Vs. Shanker Singh & Ors, respondent No.5 Shri Inderjit Gulati, Advocate was appointed as an arbitrator vide Judgement dated 1.8.1995. In compliance of the said judgement respondent No.5 issued notices to the petitioner and respondents 1 to 4 calling upon them to file their respective claims. The petitioner filed the statement of claims against the respondents 1 to 4 alongwith the statement of accounts and the copy of agreement of hire purchase and. other documents. Thereafter the arbitrator issued the notices to respondents 1 to 4 to file their replies, if any, together with the documents and the evidence in support of their defence against the claim of the petitioner. The respondents 1 to 4 failed to appear before the arbitrator despite service of notice. The arbitrator thereafter fixed the case for evidence by way of affidavit and the petitioner filed the affidavit by way of evidence in support of its statement of claims. After considering the evidence led by the petitioner and perusing the documents filed on the record the arbitrator gave, pronounced and published his award dated 1.8.1996 and the intimation of the filing of the award was given to the parties.