CROMPTON AND CO LD Vs. MOHAN LAL

JUDGEMENT

(1.) This is an application on behalf of Rai Bahadur Mohan Lal to set aside an award made by one Mr. Pooler, dated the 16th September 1912. The grounds upon which the application is made are set out in the affidavits of Rai Bahadur Mohan Lal and Mr. Lal Chand.

(2.) The petitioners complain that they received no notice from Mr. Pooler of his intention to enter upon the reference, and that he paid the defendant firm one visit for about ten minutes only and save and except for that visit the petitioners did not know, prior to the said Mr. Pooler making his award, of any steps being taken by him in connection with the said reference, nor was any notice of the time or place of meeting sent or given to the petitioners, nor had they or either of them any interview with or communication from the said Mr. Pooler with regard to the reference; that they were desirous of being heard and of adducing evidence before the arbitrator, but no opportunity was given to them. This is admitted by Mr. Pooler, who says in a letter set out in the said affidavit, addressed to Mr. Lal Chand, that he had made the award in the case without taking any defence from the defendant Company. He says he went through the file of correspondence between them and Crompton & Co. and also their file on the matter; but he did not place the proposed award before them for criticism or defence.

(3.) It is quite clear from the affidavits that Mr. Pooler ought to have given the petitioners an opportunity of putting their case before him and the petitioners, not knowing that the reference had been taken up or that it was being dealt with, have been prejudiced.