SUJATA ENTERPRISES A FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT Vs. N/S V S/ DEMPO AND CO PVT LTD

JUDGEMENT

(1.) RULE returnable forthwith.

(2.) THIS writ petition challenges the judgment dated 13.01.2009 rejecting the application made by way of CMA 95/2008 before the Principal District Judge, Panaji seeking to set aside the award of the Arbitral Tribunal dated 05.03.2008 passed in Arbitral reference allowing the claimants to lead oral evidence. The application before the learned Principal District Judge was under Section 34(2)(a) (v) r/w Section 37(2)(a) of the Arbitration and Conciliation Act 1966 (the Act).

(3.) THE petitioner contends that the parties orally agreed not to lead evidence but respondent no.1 sought to lead evidence later. Counsel for the petitioner contended that since both the parties stated to the learned Arbitrator the fact that no oral evidence would be led binds them to such oral agreement. The respondents contend that the oral agreement was not complete and the respondents (original claimants) could lead evidence if they desired. The learned Arbitrator in the interest of justice gave liberty to both the parties to take a definite stand on the "next occasion." This aspect has been considered in the order of the learned Arbitrator dated 05.03.2008. A look at how the arbitration proceedings went on from the "next occasion" until the order dated 05.03.2008 would be required.