SHYAM SINGH Vs. CHANDRA SHEKHAR

JUDGEMENT

(1.) This appeal is directed against the order date 13.10.92 of, 1st A.D.J. Ratlam passed in C. S. No. 15- B/92 whereby the plaintiffs application under section 17 of Arbitration Act has been rejected.

(2.) The brief histroy of the case is that the plaintiff filed application on 25.3.92 under Section 17 of the Indian Arbitration Act with an assertion that an Award of Rs. 25,000/- has been made vide order dated 18. 3. 92 passed by Arbitrator appointed by the parties with their consent and notice was sent to the other side. He admitted almost all the contentions of the plaintiff.

(3.) Learned Trial Judge has found that the appointment of Arbitrator was done on 12.3.92 on the basis of alleged pronote dated 2.12.91. An agreement was filed on 16.3.92 and an Award accordingly was prayed to be passed and thereafter this application before the Court. The defendant did not appear before the Trial Court, learned Trial Court has found that this appears to be a collusive agreement and there is no dispute between the parties. As appears from the conduct of Parties (1) the appointment of Arbitrator on 12.3.92; (2) The stamp papers for Award was purchased on 13.3.92; (3) Both the parties tiled application for passing the Award on 16.3.92 and thereafter the Award was made on 18.3.1992. Even earlier to it both the parties had appeared on 14.3.92 before the Arbitrator and have made submissions for passing the Award.