JAGADISH CHANDRA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. G.N. Sahewalla, the learned senior counsel appearing for the petitioner. The respondent Union of India is represented by the learned counsel Mr. K.A. Mazumdar, C.G.C.

(2.) THIS matter arise out of an ex -parte arbitration award passed on 9.5.2002 (page -20) against M/s. Annapurna Supply Agency (hereinafter referred to as 'the Firm'), a proprietorial concern, under the ownership of one Vijay Saraf @ Vijay Kumar Saraf. Originally in May, 1986, this farm was conceived as a partnership concern with petitioner Jagadish Chandra Das and Vijay Kumar Saraf, as the two partners. But the unregistered partnership was dissolved within a few months in 1987 and thereafter the firm continued as a proprietorial concern under Vijay Saraf.

(3.) HOWEVER since there was short delivery of cement by the carriage contractor, an Arbitration proceeding was drawn up under Clause 36 of the contract and Col. D. Palit, Commandar, 19 BRTF (GREF), C/O. 99 A.P.O. started the Arbitration proceeding. The Arbitrator issued multiple notices to the Firm but the proprietor was absent and eventually a final notice through press advertisement was also issued against him. As the contractor failed to respond, the Arbitrator considered the claim of the employer and passed an ex -parte award on 9.5.2002 (page -20), whereby Rs. 82,004/ - + interest was awarded for the undelivered cement. The relevant portion of the arbitral award is extracted here -in -below for ready reference: