ANITA MITTAL Vs. PAL SINGH KARTAR SINGH

JUDGEMENT

(1.) PRESENT appeal has been filed by appellants under Section 37 of Arbitration and Conciliation Act, 1996 (for short as 'Act '), against judgment dated 28th May, 2007 passed by Additional District Judge, Delhi, vide which objections preferred by appellants against ex parte award dated 12th September, 2002, were dismissed.

(2.) BRIEF facts are that respondent no.1-claimant, filed claim against appellants before Arbitrator. Arbitrator sent summons to both parties. Claimant appeared before Arbitrator, whereas, appellants did not appear. The Arbitrator proceeded ex parte against appellants. After considering the claim of claimant, Arbitrator passed an award in his favour, on 12th September, 2002.

(3.) OTHER contention is that no notice of Arbitration proceedings was actually served upon the appellants. As per various notices sent at different addresses allegedly pertaining to that of appellants, it was clear that appellants were not available at those addresses. Thus there was no proper intimation with regard to the Arbitration proceedings to the appellants. The impugned judgment is thus liable to be set aside.