SHAMBHULAL AGRAWAL Vs. PANNALAL RAMNARAYAN

JUDGEMENT

(1.) HEARD Mr. P.K. Prasad, learned counsel appearing for the petitioner.

(2.) THIS application under Article 227 of the Constitution of India is directed against the order dated 5.8.2005 passed by the Subordinate Judge -I, Hazaribagh in Execution Case No. 1 of 2004, whereby she has rejected the objection filed by the petitioner - judgment debtor under Order XLVII, CPC. The petitioner challenged the award of the arbitrator as being illegal and inexecutable as the same being a nullity.

(3.) FROM perusal of the impugned order, it appears that the respondent invoked arbitration clause and appointed arbitrator. The arbitrator, so appointed by the respondent, proceeded with the arbitration and gave an award. It further appears that the Court below has taken note of the fact which was apparent from the award that several opportunities were given to the petitioner to participate in the arbitration proceeding, but neither the petitioner attended a single meeting nor did he send any reply in spite of the notices duly received by the petitioner.