NIRANJAN KUMAR MITTAL Vs. PROMOD KUMAR MITTAL

JUDGEMENT

(1.) -

(2.) THIS appeal is directed against the Judgment in suit No. 564-A/82. The said judgment was delivered in relation to an award made by Shri Kishan Chand Mittal on 24th March, 1982. The Arbitrator was the father of the parties Promod Kumar Mittal and Niranjan Kumar Mittal. Objections were filed to the award which were decided. It was held that the arbitrator was in error in proceeding to decide the case in the absence of the objector Niranjan Kumar Mittal. The learned single Judge held that if the Arbitrator wanted to proceed ex-parte, it was necessary to give a notice and hence the award had to be set aside and accordingly the same was remitted for decision afresh by the arbitrator.

(3.) WE agree with the learned single Judge that in these circumstances the objections of the appellant have to succeed, and we see no substance in the cross-objections filed by the respondent to the effect that the award should be upheld. In fact, the respondent has prayed that his cross-objections should be allowed to be withdrawn. The same are dismissed as withdrawn.