Case Law Details
Col. J.P.S. Yadav Vs South Eastern Coalfields Limited (High Court Chhatisgarh)
Consequently, evaluating the facts, the finding that the notices were sent under the camouflage cover of SECL concealing the name of the sole arbitrator on 20.9.1993 and 28.10.1993 would be important. Further, the Court held that no service was affected to J.P.S. Yadav, the Managing Director and the claim statement were also not supplied remains unrebutted. Further, it is held that the notice sent to J.P.S. Yadav at incorrect address at Gevra and not mentioning the name of the sole arbitrator appears to be also malafide. Further giving no time to the respondents to appear and file written statement/counter claim and would show that the claimant SECL and arbitrator S.C.Khera colluded with each other to pass the award. The arbitrator who decide the dispute between the parties has to be independent and any act of the arbitrator should not reflect that he was in the shoes of any of the parties, he has to be independent, impartial and conduct of the proceeding should also reflect the same. The bias of the arbitrator defeats the entire proceeding. The conduct of the arbitral proceeding should speak itself to draw inference of impartiality. Consequently, the award dated 15.04.1994 was improperly procured by the claimants in collusion with the sole arbitrator and further no substantial fact or legal question put forth for consideration and nothing is placed on record to rebut the strong suspicion of malafide of arbitrator.
In view of the above, after careful scrutiny of the evidences & documents, no interference can be made by this Court in exercise of the appellate jurisdiction. In the result, the appeal fails and is hereby dismissed.
FULL TEXT OF THE HIGH COURT JUDGMENT / ORDER IS AS FOLLOWS:
The instant appeal is against the order dated 01.05.1999 passed by the District Judge, Bilaspur, in Civil Suit No.20-A/94. By such order, the learned Court below has allowed the application under Section 30 of the Arbitration Act, 1940 and set aside the award dated 15.04.1994 passed by the sole Arbitrator Shri S.C.Khera.
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