SATISH KUMAR Vs. B S KOMAL

JUDGEMENT

(1.) The present petition has been made under S. 28 of the Indian Arbitration Act, 1940 read with S. 151, Code of Civil Procedure, for extension of time for making the award by the Arbitrator.

(2.) The dispute between the parties was referred to arbitration. With the consent of parties Shri A. K. Goel, Advocate, was appointed as Arbitrator. On the elevation of Shri A. K. Goel as a Judge of this Court, Shri D. D. Sood, Advocate, was appointed as an Arbitrator by the Court vide order dated 28-5-1997 passed in OMP No. 525 of 1996. The said Arbitrator entered upon the reference on 17-7-1997. The petitioner concluded his evidence on 22-9-1997 and the case was fixed for evidence of the respondents on 8-11-1997. Vide order dated 22-9-1997 the Arbitrator, with the consent of the parties, extended the time for making the award by four months beginning from 28-9-1997. On 8-11-1997 the evidence of the respondents was not present and on a request having been made on their behalf, the case was adjourned by the Arbitrator to 21-11-1997. Even on this date, the evidence of the respondents was not present. Resultantly, the case was adjourned to 21-12-1997. The evidence of the respondents was again not present on 21-12-1997. The proceedings were, therefore, adjourned to 7-3-1998. While so adjourning the proceedings, the time for making the award was also extended with the consent of the parties till 28-5-1998. Neither the respondents nor their counsel appeared before the Arbitrator on the date fixed, that is 7-3-1998. Consequently, the proceedings were adjourned to 23-5-1998 for the evidence of the respondents. On this adjourned date also neither the respondents nor their counsel appeared before the Arbitrator, when the following order came to be passed by the Arbitrator :

(3.) The proceedings were taken up by the Arbitrator on 27-6-1998 and the following order was passed :