BAJIRAO YASHWANT PAWAR Vs. KOTAK MAHINDRA PRIME LTD

JUDGEMENT

(1.) THE Petitioner, under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Act), has challenged the impugned ex-parte award dated 24th November, 2008. The Petition is filed within a period of limitation.

(2.) '' Admittedly, there is a default committed by the Petitioner in making the payment. The merit with regard to the same, is not in dispute. The learned counsel appearing for the Petitioner makes statement that the Petition before invoking the Arbitration clause, the Respondent took the possession of the vehicle and disposed of it. There is no reference and or intimation to that effect, basically the adjustment of the amount after the sale of the said vehicle in the award. This definitely reflects the way in which the Claimant-Respondent proceeded in the matter.

(3.) '' On 15th November, 2008, the Arbitrator proceeded with the matter ex-parte and directed the claimant to argue the case. On 20th November, 2008, the Respondent filed its claim Petition signed by one authorized officer of the Respondent. This itself means that when the Arbitrator issued first notice, there was no claim Petition filed on the record or at least, there is nothing to show that the notice given by the Arbitrator was with the claim Petition. As none appeared on 15th November, 2008, on 20th November, 2008, the matter was listed on 22nd November, 2008 before the learned Arbitrator.