BHOGILAL CHHOGULAL PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The short facts of the case appears to be that the Petitioners are running hotel and was having 10 telephone line connections. The Petitioners received the bill of Rs. 1,14,622/- and as per the Petitioners, the average bill was about Rs. 40,000/- to Rs. 45,000/-. Therefore, the dispute was raised which initially came up before this Court in Special Civil Application No. 1109 of 1995 in which this Court observed the Petitioners to approach before the Senior General Manager, Ahmedabad, Telecom Services who was directed to look into the matter. The same was done by the Petitioners. However, without giving any opportunity of hearing, the decision was taken which again was challenged by the Petitioners by preferring Special Civil Application No. 9539 of 1996 in which this Court ultimately remanded the matter on the ground of breach of principles of natural justice. Thereafter, again the same decision was taken, and therefore, the Petitioner preferred Regular Civil Suit No. 5906 of 1998 before the City Civil Court, Ahmedabad and the learned City Civil Judge, in view of the provisions of arbitration, transferred the suit to the Arbitrator and the learned Arbitrator thereafter decided the matter vide impugned decision dated 19-2-2002. It is under these circumstances, the present petition before this Court.

(2.) Heard Mr. Keyur Vyas with Mr. Jani for the Petitioners and Mr. A. G. Vyas for the B.S.N.L. and other Respondents.

(3.) The only ground which deserves to be considered in the present petition at this stage is that whether the order passed by the Arbitrator in absence of any reason recorded could be considered as valid Award or not ?