RAM BEHARI MEHROTRA Vs. SMARTS PRIVATE LIMITED

JUDGEMENT

(1.) AN application dated the 13th of February, 1969, was filed under section 14 of the arbitration Act, 1940, by Shri P. L. Verma, who acting as an arbitrator has made an award on 25th May, 1968, with the prayer that notice of the making of the award be given to the parlies and the award be made a rule of the court. The notice was issued to the parties. The petitioner being one of them received the notice, but did not appear in the court. The order recording on 5th April, 1969, discloses that the counsel for the applicant and respondent No. 1 were present and the rest of the respondents were absent in spite of service. Allowing opportunity to respondent No. 1 to file objections the proceedings were adjourned to 24th April, 1969. It was not contemplated by the statute and it was not stated in the said order that the proceedings were to be ex-parte against the absentee respondents.

(2.) SECTION 33 of the Arbitration Act, hereafter called " the Act " is :-