MAT SYSTEMS INDIA PVT LTD Vs. T RAJESH

JUDGEMENT

(1.) THESE appeals by the first respondent in Tr.O.P.Nos.575 and 576 of 2006 on the file of this Court are against the Common order dated 13.09.2007 made by the learned Judge setting aside the award dated 02.08.2002 made ex parte against the respondents 1 and 2 herein.

(2.) THE short point that arises for consideration in these appeals is whether the learned Judge was right in setting aside the ex parte award.

(3.) BEFORE parting with, we would like to point out that the learned Judge's observation "for this limited question, without going into the merits of the award passed, the petitions are allowed" requires modification. Learned Judge having found that the ex parte award is illegal and the sudden withdrawal of the first arbitrator and thereafter the appointment of the third respondent as arbitrator are totally wrong without any intimation to the respondents 1 and 2, ought not to have observed that the merits of the award have not been gone into. Once the award is set aside, it does not exist. Therefore, we find merit in the Cross Objection of the respondents 1 and 2.