LAWS(DLH)-2009-12-59

GOEL ASSOCIATES Vs. KK COOP GROUP HOUSING

Decided On December 21, 2009
GOEL ASSOCIATES Appellant
V/S
KK COOP. GROUP HOUSING SOCY. LTD. Respondents

JUDGEMENT

(1.) By way of present application, applicant-cooperative society has filed objections under Sections 30 and 33 of Arbitration Act, 1940 (hereinafter referred to as "Act, 1940") challenging the ex-parte Award dated 10th May, 1996 passed by the sole Arbitrator, Mr. Charan Shah Singh.

(2.) Mr. Rakesh Mahajan, learned counsel for applicant-objector- cooperative society contended that the Agreement dated 7th May, 1988 was a forged document. He stated that the petitioner-architect had forged the signatures of the then Secretary of applicant-cooperative society, Mr. K.K. Bhargava. He stated that even pencil marks were visible on the signatures purportedly executed by Mr. Bhargava. According to him, a crude attempt had been made to trace the signature of Mr. K.K. Bhargava from his letter dated 7th May, 1988 addressed to the petitioner-architect.

(3.) Mr. Mahajan next submitted that no attempt had been made to effect service of notice upon the applicant-cooperative society at its registered office at Quarter No. 75, Sector VI, P&T Quarters, R.K. Puram, New Delhi. In this connection, Mr. Mahajan drew my attention to the contemporaneous correspondence exchanged between the applicant-cooperative society and petitioner-architect at the applicant's aforesaid address.