STATE OF MAHARASHTRA Vs. NASIR CHHANNUMAL SHAIKH

JUDGEMENT

(1.) BY operative order dated 19th August, 2004, we have dismissed the appeal. Now, we record reasons and conclusions for the dismissal of the appeal.

(2.) THIS appeal is directed against the judgment and award dated 28th august, 1995 passed by the learned Joint C. J. S. D. , Aurangabad allowing the application Exh. 11 by making the award dated 6th February, 1995, given by the sole Arbitrator, as Rule of the Court. Accordingly, the learned trial Judge made the award as part of the decree.

(3.) A very sorry state of affairs was noticed by us. The award was passed by the sole Arbitrator which was an ex parte award. In spite of the notices given, the officer concerned, in charge of the matter, did not bother to appear before the arbitrator and permitted the proceedings before the arbitrator to go ex parte. Ultimately, the sole Arbitrator Shri V. M. Bedse, Chief Engineer (Retd.) passed the award whereby he determined an amount of Rs. 79,92,075/- with interest at the rate of 18% per annum from 7-2-1995. When the application for making award Rule of the Court was filed, there was delay even in filing written statement. Ultimately, the award was made Rule of the Court, which is challenged in this appeal.