(1.) THIS judgment shall also govern disposal of A. A. No. 2/2007 and A. A. No. 3/2007 as in all the appeals the point involved is one and the same and in all the appeals the appellant is one and the same. All the appeals are being filed against the order dated 26- 2-2007 passed in Arbitration Case No. 14/2005,15/2005 and 13/2005 passed by XI AD J Indore. In all the appeals appellant is one and the same but the respondent No. 1 is different. In A. A. No. 1/2007 respondent No. 1 is M/s. Anandkumar Devendra Kumar, in A,a. No. 2/2007 respondent No. 1 is hukumchand Munnalal Patni while in A. A. No. 3/2007 respondent No. 1 is hemantkumar Patni,. In all the cases the claim case was filed by respondent No. 1 before respondent No. 2 Arbitration Tribunal (Shrimant Maharaja Tukojirao cloth Market Merchants Association, MT Cloth Market, Indore ). The amount which was claimed in all the three appeals were as under:-A. A. No. 1/2007 Rs. 2,33,938. 85 paise a. A. No. 2/2007 Rs. 2,04,369. 90 paise a. A. No. 3/2007 Rs. 2,07,854. 00 paise
(2.) AFTER giving repeated notice to the appellant the matter was finally disposed of by the respondent No. 2 by passing award in favour of respondent no. 1 against which the objections were filed by the appellant before the learned court below for setting aside the award. The objections submitted by appellant were dismissed by the impugned order against which the present appeal has been filed.
(3.) MR. Subodh Abhyankar, learned Counsel for the appellant submits that the learned Court below committed error in dismissing the objections filed by appellant. Learned Counsel submits that the award passed by respondent no. 2 and the impugned order passed by learned Court below are nullity and non est in the eye of law as the same has been filed by playing fraud and by suppression of material evidence from the Adjudicating Authority, i. e. , respondent No. 2. Learned Counsel submits that the bills on which reliance is placed by respondent No. 2 are not originals. It is submitted that in number of documents it is mentioned that the account is settled and full and final payment of bills has been made. It is submitted that this aspect of the matter has not been taken into consideration by learned Court below while passing the impugned award.