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Judgment
Arindam Sinha, J
Mr. Jujharsingh, learned advocate appears on behalf of appellants, who are legal representatives of Ramesh Chandra Pratihari, since deceased on 6th December, 2018. He submits, manufactured award has been procured by respondent no.1. On query from Court he draws attention to challenge mounted against the award by his clients. Paragraph 3 and grounds C and D therefrom are reproduced below.
“3. That, the Petitioner on verification of the alleged award came to know that the award is an out and out of a manufactured document created by the O.P. no.1 in connivance with O.P. No.2 to 6 behind the back of the Petitioner by utilizing blank signed non-judicial stamp papers which were in the custody of O.P. No.1. Besides, the Petitioner has also never received copy of the alleged award at any point of time.
C. For that, since the O.Ps No.2 to 6 were never appointed as Arbitrators to adjudicate any dispute between the Petitioner, O.P. No.1 and Late Sarat Ch. Bhol, as such, the alleged award is liable to be set aside.
D. For that, since there is no arbitration agreement between the Petitioner, O.P. No.1 and Late Sarat Ch. Bhoi and there never has been any unanimous consent of the said parties to refer any matter for arbitration, consequently the alleged appointment of O.P. No.2 to 6 as Arbitrators is non-est in the eye of law and the award is liable to be set aside.”
Service return shows service could not be made on respondent nos.2 and 5, of whom respondent no.2 was presiding arbitrator.
Mr. Kanungo, learned senior advocate appears on behalf of respondent no.1 while Mr. Mishra, learned advocate appears on behalf of respondent nos.8 and 9.
Mr. Behera, learned advocate appears on behalf of respondent nos.4 and 6, who are two of the five arbitrators.
On query from Court, Mr. Behera submits, original agreement dated 22nd November, 2007 is with presiding arbitrator (respondent no.2). Mr. Kanungo submits, his client will furnish full address of said respondent to Mr. Jujharsingh within course of this day.
Appellant has liberty to correct the cause title giving full address of respondent no.2. The amendment to be countersigned by Court Master. Thereupon issue fresh notice along with this order on respondent no.2 at full address by registered/speed post with AD. Appellants will put in requisites. Contents of postal article addressed to respondent no.2 and returned may be used for purpose of issuance of fresh notice. Said respondent will produce original agreement dated 22nd November, 2007 and order sheet in the reference on adjourned date.
List on 4th November, 2022.
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