SUNDARAM FINANCE LTD Vs. NARENDER KUMAR RAJGARHIA

JUDGEMENT

(1.) , J

(2.) IN all these appeals challenge is laid to the impugned orders of the Trial Court dated 19.4.2012 dismissing the Execution Petitions filed by the appellant/decree-holder.

(3.) SO far as the judgment in the case of Dilip Construction Company (supra) is concerned, the said judgment holds that there is a want of inherent jurisdiction in Umpire unless there is reference by both sides and Award can be challenged at any stage even in collateral proceedings. It was also held in the judgment of the Dilip Construction Company (supra) that the parties who appear before the Arbitrator after objecting to his jurisdiction cannot said to have waived their rights to challenge the Award on the ground of Award being passed by the Arbitrator/Umpire without authority. This judgment also therefore has no application in the facts of the cases where Awards have been passed after notices were issued to the principal borrowers and guarantors who failed to appear after due service, resulting in passing of the Awards.