DULAL PODDAR versus EXECUTIVE ENGINEER, DONA CANAL DIVISION AND ORS.

DULAL PODDAR versus EXECUTIVE ENGINEER, DONA CANAL DIVISION AND ORS.

The appointment of the arbitrator without notice to the respondent and the ex-parte award passed without giving opportunity of hearing to the respondent are illegal and void.

Parties
Appellant: Dulal Poddar; Respondent: Executive Engineer, Dona Canal Division and Ors.
Jurisdiction
India
Judgment Date
12 November 2003
Procedural Posture
Civil Appeal / Appeal From Original Order, Supreme Court
Outcome
Appeal dismissed
Legal Topics
Appointment of Arbitrator, Ex Parte Award, Notice Requirement, Opportunity of Hearing
Arbitration Appointment of Arbitrator Ex Parte Award Notice Requirement Opportunity of Hearing

Case Brief

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Parties

Dulal Poddar

Appellant

Executive Engineer, Dona Canal Division and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Original Order, Supreme Court

Legal Issues

  1. 1 Whether appointment of arbitrator without notice to the other party is valid
  2. 2 Validity of ex-parte award passed without opportunity of hearing

Ratio Decidendi

The appointment of the arbitrator without notice to the respondent and the ex-parte award passed without giving opportunity of hearing to the respondent are illegal and void.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Civil Court may consider appointment of a new arbitrator