ALVEL SALES Vs. DUJADWALA INDUSTRIES

JUDGEMENT

(1.) THIS appeal is directed against the order of Paul J. in Appln. No. 2703 of 1973 in O. P. 195 of 1971.

(2.) IN connection with certain disputes which arose between the appellant and the respondent, one Mr. V. Venkataraman was appointed as Arbitrator by the appellant in the first instance and as per Clause 21 of the arbitration agreement the respondent was called upon to nominate its arbitrator. On the failure of the respondent to do so, Mr. Venkataraman, in accordance with law, became the sole Arbitrator and he entered upon the reference as per the arbitration agreement in or about Aug. 1970. We are not, in this appeal, quoting the arbitration agreement, or the nature of the dispute between the parties, as it is not necessary.

(3.) IT is common ground that the said O. P. 195 of 1971 filed by the Arbitrator was taken on file, and Ganesan J. issued notice to all parties concerned. This notice, according to the appellant, was served through the office of the Sheriff of the High Court on one of the representatives of the respondent firm, which by then, opened a branch office in Madras. We shall, of course, refer to this aspect in full at a later stage-It is common ground, however, that one Nandalal agarwal working in the Madras branch of the respondent firm, received the said notice, affixed the seal of the company and thus received the court notice issued under Section 14 (2 ). As such notices are only intended as steps-in-aid for either party to process its grievances, one party for obtaining a decree in terms of the award, and the aggrieved party for setting aside or modifying the award in accordance with the provisions of the Arbitration Act, the appellant discretely waited for passage of time and never took any steps till he came to court in appn. No. 1043 of 1972 in O. P. 195 of 1971, for passing a judgment in terms of the award of Mr. Venkataraman dated 9-3-1971.