SUJANT SINGH Vs. SETH MOHINDER PAUL

JUDGEMENT

(1.) THIS appeal filed by Sujant Singh is directed against the order of learned Sub -ordinate Judge, Pathankot, whereby he accepted the objections of the Appellant to an award only in part and awarded a decree in terms of the modified award against the Appellant.

(2.) THE brief facts of this case are that on 4.4.1960 Sujant Singh Appellant and Mohinder Paul Respondent appointed Dharam Chand Nanda as Arbitrator in respect of their dispute about certain monetary dealings. After a few hearings before the Arbitrator, wherein certain admissions were made about the amount due, the Arbitrator gave notice (Exhibit R/6) dated 14.6.1960 to the Appellant calling upon him to appear before the Arbitrator on 26.6.1960 which was the next date of hearing fixed for the arbitration proceedings. On 15.6.1960 the Appellant gave notice (Exhibit Rule 3) to the Arbitrator stating that the Appellant did not want arbitration by Dharam Chand Nanda and as such the Appellant was revoking the agreement to refer the dispute to arbitration. The Arbitrator, however, replied that he was proceeding with the award and directed the Appellant to appear before him on 10 -7 -1960 failing which he would proceed ex -parte. On that date Mohinder Paul Respondent appeared before the Arbitrator but the Appellant absented himself. The Arbitrator then recorded the statement of the Respondent and gave an award holding that the Appellant was liable to pay Rs. 5,046/ - as the principal amount and Rs. 1,547/50 nP. as interest, in all Rs. 6,593/50 nP. to the Respondent.

(3.) The appeal, accordingly, fails and is dismissed.