LAWS(DLH)-2009-8-2

RAJIVE STOCK BROKERS LIMITED Vs. SAROJ BALA

Decided On August 17, 2009
RAJIVE STOCK BROKERS LIMITED Appellant
V/S
SAROJ BALA Respondents

JUDGEMENT

(1.) THE petition under Section 34 of the Arbitration Act, 1996 with respect to ex-parte (against petitioner) arbitral award dated 15th December, 2006 is for consideration. The petition has been instituted on 3rd March, 2008. The petition is accompanied with IA No. 2787/2008 under Section 34 (3) of the Act. It is the case of the petitioner that the petitioner had not received any copy whatsoever, lest signed copy, of the award from the arbitrator and learnt of the award aforesaid for the first time only on 29th February, 2008 and immediately where after the petition was filed.

(2.) THE grounds set out in the OMP are also inter alia under Section 34 (2) (a) (i) and (iii) of the Act i. e. of the petitioner having not been given proper notice of the appointment of the arbitrator or of the arbitral proceedings and thus being under in-capacity and or unable to present its case before the arbitrator.

(3.) SINCE the grounds in the application are the same as inter alia in the OMP, the two have been heard together.