SULTANPUR AGRO AGENCIES Vs. HMT LTD

JUDGEMENT

(1.) CHALLENGE in this appeal is to the ex parte award dated 31.5.2004 passed by the Arbitrator and the order on the objection filed under Section 34 of the Arbitration and Conciliation Act, 1996 (in short 'the Act') dated 30.9.2005 passed by Additional District Judge, Panchkula.

(2.) LEARNED counsel for the appellants contends that the appellants had never received any summons purported to have been issued by the Arbitrator in pursuant to the initiation of the arbitration proceedings, therefore, there was no occasion for him to proceed against appellants ex parte. In order to substantiate his submissions, learned counsel for the appellants referred to the record of the case beginning with the first order passed by the Arbitrator on 27.1.2004, which reads as under :

(3.) LEARNED counsel for the appellants has next submitted that on 20.3.2004, the Arbitrator had recorded the following orders :