SUSHIL CHOUDHARY Vs. SHYAM LAL CHOUDHARY AND ANR.

JUDGEMENT

(1.) This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ('the Act') is directed against the order dated 02.08.2013 passed by the Additional District Judge No. 3, Jodhpur Metro ('the lower court'), whereby the application filed by the appellant under Section 34 of the Act has been rejected.

(2.) On a dispute arising between the parties, on an application filed by M/s. Jodhpur Computer Services and Smt. Anita Chowdhary against Sushil Choudhary and Ms. Sanjana Purohit under Section 11(5) of the Act, the High Court by its order dated 23.07.2004 appointed arbitrator indicating that the matter concerns accounts of the partnership firm M/s. Jodhpur Computer Services and that all objections as to the claim, jurisdiction shall be raised before the arbitrator. The claimant-Smt. Anita Chowdhary filed her claim before the sole arbitrator.

(3.) The claim was contested by the appellant on several grounds. Preliminary objections were raised, which were rejected by the arbitrator, where-after points for determination were framed, parties led evidence and the arbitrator after hearing the parties, concluded the hearing on 11.01.2009 and fixed 14.02.2009 for passing of the award. On 14.02.2009, it was indicated by the arbitrator that on 01.02.2009, he was informed by claimant that she wanted to file certain certified copies and, therefore, the award was not prepared. The claimant filed certain documents along-with application; the application was contested by the appellant; on 22.03.2009, the application was allowed on payment of cost of Rs.1,000/-. The appellant (herein) was granted permission to file documents in rebuttal. Ultimately the final arguments were heard on 10.05.2009 and the award was passed on 24.05.2009.