STATE OF GUJARAT Vs. SHREEJI CONSTRUCTION COMPANY

JUDGEMENT

(1.) LEARNED counsel for the appellants seeks permission to delete respondent No. 2 i.e. State Bank of India, Chikhli Branch, Chikhli, Dt: Valsad in both the appeals. Permission granted. Respondent No. 2 stands deleted.

(2.) ADMIT. Learned counsel Mr. K.G. Sukhwani waives service of notice on behalf of the respondent. At the request of and with the consent of the learned advocates appearing for the parties, both the appeals are ordered to be heard today finally.

(3.) IT is an undisputed position that against the award filed by the Arbitrator, the appellants submitted objections Ex. 107 on January 29, 1994. Still, however, the learned Judge has observed in his judgment as follows: "Copies of this award was furnished to the parties even though the parties have not filed their objection or consent in this proceeding." Thus the judgment and award is passed on the basis that no objections were filed to the award passed by the Arbitrator. This is factually not correct. The learned Judge has not considered the objections filed by the appellants against the award submitted by the Arbitrator. On this ground alone, the judgment and decree passed by the trial court is required to be reversed and set aside inasmuch as the objections filed by the appellants are required to be considered in accordance with law and decision thereon is required to be given by the trial court.