TMI Blog2007 (4) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... ons on the point that the notice was sent through registered AD on correct address. It was reported by the postman that the appellant was not available though he visited the premises on 19.5.1993, 27.5.1993 and 31.5.1993. 3. Second notice was sent by the Arbitrator on 10.6.1993 through registered AD. Counsel for the appellant did not pick up a dispute with the address mentioned on the registered AD. The postman visited the premises on 15.6.1993, 16.6.1993 and 19.6.1993, where he came to know that the appellant used to attend the office during night. However the appellant has failed to produce evidence in this context. 4. Despite service by registered notice, appellant did not appear before the Arbitrator. Consequently, he was served t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant in a measure. The appellant is entitled to get one opportunity of being heard subject to further conditions. In C.P. Madan (Shri) v. National Small Scale Industrial Corporation Ltd. (Supra) I came to the following conclusions: 3. I am of the considered view that the said order passed by the learned Arbitrator is not tenable in law. Under the old Act, this Court in case Lovely Benefit Chit v. Purandutt 1983 Rajdhani Law Reporter 420 held: From these authorities, it is apparent that an arbitrator ought not to proceed ex-parte against a party if he has failed to appear at one of the sittings. The arbitrator should fix another date for hearing and give notice to the defaulting party, of his intention to proceed ex-parte on a sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Trial Court. The said bank guarantee be deposited within a month. The parties are directed to appear before the Arbitrator on 30th May, 2007. The Arbitrator will give an opportunity of being heard to the appellant after satisfying that he has furnished the bank guarantee. The trial court is directed to issue a certificate in that context. The Arbitrator is further directed to dispose of the case within one month after receipt of the file. No further opportunity or notice be given to the appellant. Registry is directed to send the LCR to the court below and the Arbitrator will collect the record from the Trial Court itself or the High Court as the case may be. Copies of this judgment be given to the parties dusty. The appeal and the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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