PRAHLADRAI AGARWAL Vs. NILKANT TRADING CO.

JUDGEMENT

(1.) THE appellant-original petitioner has filed this appeal challenging the order of the learned Judge of the City Civil Court Bombay dated 10th March 1981 in Arbitration Petition No. 175 of 1980 in Award No. 81 of 1980, filed by the appellant.

(2.) THE appeal was pending for final hearing since 17th July 1981. On seeing Roznama when the matter was previously notified for final hearing, it is found that on 21st June 1996 when the matter came up before my brother Justice S.Radhakrishnan, none were present before him and the matter was adjourned to 15th July 1996. Thereafter the matter was placed for final hearing before me and the matter was called out on 4th September 1996. Even on that day, the advocate for the appellant, nor advocate for the respondent were present, though Court has sufficiently waited for them, and examined the records received from the trial Court. However, as the advocates were not present, the matter was kept on the next day i.e. today.

(3.) AS the matter is of the year 1981 and the Court does not want to dismiss the matter in default, I have examined the Record and Proceedings and also the application filed by the appellant seeking the relief for setting aside the Award passed by the Arbitrator dated 7th November 1978.