BABU NAZIR AHMAD Vs. PREMSUKH SHYAMSUKH SONS

JUDGEMENT

(1.) BY this appeal the appellant challenges the order dated 6-8-1981 passed by the Additional District Judge, Neemuch (Distt. Mandsaur) in civil Suit No. 40-B/77, refusing to set aside the award and the consequent judgement and decree passed in terms of the award.

(2.) A hire-purchase agreement dt. 10-5-1969 was entered into between respondent 1, M/s Premsukh Shyamsukh and Sons and respondent 2 M.A. Munnabai in respect of a vehicle described in the same agreement. Appellant Babu Nazir Ahmad was a guarantor. The said agreement contained an arbitration clause, which has been incorporated in cl. (3) thereof. One Shri Manohar Sharma was named as a sole arbitrator in that agreement. Disputes having arisen and on a reference being made, the arbitrator gave his award on 25-10-1977. It was stated that before the sole arbitrator, appellant in spite of notice had remained absent. On one of the dates, after the proceedings were over, an unstamped Vakalatnama had been filed purporting to be on behalf of respondent 3 Kamrul Hussain but thereafter no appearance was put in even on his behalf. The sole arbitrator had also given notices in writing to the parties as contemplated by S.14(1), Arbitration Act (hereinafter referred to as 'the Act').

(3.) ON 7-11-1978 respondent M.A. Munnabhai was absent. The order-sheet mentions that the notice sent by registered post has been returned back unserved for the reason that he had left that place. ON a request being made the Court ordered that the said respondent be served by publication. So far as appellant Babu Nazir Ahmad and respondent 3 Kamrul Hussain are concerned, they were present in person. Time was sought by them to file objections on that date they did not file any objection. The case was adjourned to 15-1-1979.