SAMPATI DEVI W/O SHRI RAMDAYAL GUPTA Vs. SHRIRAM TRANSPORT FINANCE COMPANY LIMITED THROUGH ITS AUTHORIZED OFFICER

JUDGEMENT

(1.) In both these appeals common question of law is involved, the same are decided by this common judgment. The instant appeals have been preferred by the non-claimant/appellants under section 37(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to "the Act) against the orders dated 09/12/2016 passed by the learned Additional District Judge No. 10, Jaipur Metropolitan, Jaipur (hereinafter referred as the "learned Court below") in Civil Miscellaneous Arbitration Case No. 702/2015 and Civil Miscellaneous Arbitration Case No. 703/2015 whereby, the objections filed by the appellants under Section 34 of the Act against the awards dated 08/09/2014, have been dismissed.

(2.) The brief facts of CMA No. 232/2017 are that the appellant No. 1 availed loan facility amounting to Rs. 2,22,000/- from the respondent vide agreement dated 24/06/2009 for the purchase of vehicle No.RJ-34-G-0125, which was required to be paid along with interest amounting to Rs. 3,01,365/- in 25 equal monthly instalments, first instalment was of Rs. 12,069/- and rest 24 instalments were of Rs. 12,054/- each per month. The appellant No. 2 stood surety for the repayment of said loan availed by the appellant No. 1. The appellants failed to repay the loan, therefore, the respondent sent a legal notice through registered post on the last known address of the appellant and thereafter Shri Arif Mohd. Madani, retired Additional District Judge was appointed as Arbitrator. The Arbitrator commenced the arbitral proceedings and notice of the arbitration proceedings were sent through registered post, which were returned with the remark "Unclaimed". Therefore, the Arbitrator proceeded with the arbitration proceedings ex-parte against the non-claimant/appellants and passed award on 08/09/2014.

(3.) The brief facts of CMA No. 258/2017 are that the appellant No. 1 availed loan facility amounting to Rs. 6,50,000/- from the respondent for the purchase of vehicle No.RJ-02-G-1920, which was required to be paid along with interest in 35 equal monthly instalments. The appellant No. 2 stood surety for the repayment of said loan availed by the appellant No. 1. The appellants failed to repay the loan, therefore, the respondent sent legal notice through registered post on the last known address of the appellants and thereafter Shri Arif Mohd. Madani, retired Additional District Judge was appointed as Arbitrator. The Arbitrator commenced the arbitral proceedings and notice of the arbitration proceedings were sent through registered post, which returned with the remark "Unclaimed". Therefore, the arbitrator proceeded with the arbitration proceedings ex-parte against the non-claimant/appellants and passed award on 08/09/2014.