SATISH KUMAR PAHWA Vs. SURAJ PRAKASH PAWHA

JUDGEMENT

(1.) The present matter relates to the Award dated March 30, 1983 made by late Mr.Justice V.S.Deshpande, former Chief Justice of this Court. The matter was referred to the sole arbitration of the learned Judge by the order of the Court (Hon'ble Mr.Justice D.R.Khanna) passed on November 12, 1981 in suit No.761 of 1981 Satish Kumar Pawha vs. Suraj Prakash Pawha. The reading of the Award will indicate that the following claims were made by the claimant Satish Kumar Pawha: 1. Credit to be given as per the balance sheet as of Diwali 1980 for Rs.14,722.00 as share of profits. The interest was claimed on this amount as it was not paid from Diwali of 1980. The learned Arbitrator recorded the following findings in respect of this claim:

(2.) Similarly, claim for Rs.300.00 as fee payable to the Local Commissioner was also allowed. The remaining claims were rejected, therefore, it will not be necessary to deal with the same. The ultimate award was made as follows:

(3.) The counter claims of the respondents were disallowed after due consideration and appreciation of the material placed on record. The main contention of learned counsel for the respondents is that the arbitrator has gravely erred in not recording the evidence of the parties and has, therefore, misconducted himself as the proceedings have not been conducted on the basis of the ordinary law. Reference has been made to the judgment of the Supreme Court as reported in Dewan Singh v. Champat Singh and others AIR 1970 SC 967. Paragraph 9 from this judgment has been cited which reads as follows: