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TMI Blog2003 (11) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... sputed that the award given by the arbitrator was an ex parte one. Furthermore such an award which have been made by the arbitrator having been passed without giving an opportunity of hearing to the respondent herein, was illegal and void. - CIVIL APPEAL NO. 4269 OF 2002 - - - Dated:- 12-11-2003 - V.N. KHARE AND S.B. SINHA, JJ. Ms. Kumud L. Das and S.B. Upadhyay for the Appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication under section 8 of the Arbitration Act, 1940 in the Court of Subordinate Judge I, Bettiah. It appears that the said Court without issuing a notice to the respondents appointed a retired Chief Engineer as an arbitrator. When the respondents came to know about the appointment of the said arbitrator, they filed a revision petition before the High Court challenging the appointment of the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arbitrator as well as the award given by the arbitrator. It is against the said judgment the Contractor is before us in appeal by means of special leave petition. 3. We have heard the learned counsel for the parties and we are of the view that the view taken by the High Court does not suffer from any legal infirmity. It is not disputed that no notice at all was sent to the respondent before a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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