JUDGEMENT
Phukan, J. -
(1.)Leave is granted.
(2.)In these appeals by special leave, appellant has assailed the judgment dated 1-10-1999 of the High Court of Allahabad passed in Civil Revision No. 106 of 1999. The appellant filed an application under Section 20 of the Arbitration Act, 1940 (for short the 'Act') before Additional Civil Judge, Agra, which was allowed and the disputes between the parties were referred to arbitration. After the proceedings were concluded, the Umpire filed the award before the Court on 13-11-1998, which was made rule of the Court by order dated 25-2-1999. Being aggrieved, the respondent filed a revision petition before the High Court, which was allowed by the order under challenge, on the ground that no notice under sub-section (2) of Section 14 of the Act was served on the respondent.
(3.)To appreciate the contentions raised by the learned counsel for the parties, it is necessary to refer to the orders passed by the trial Court on different dates :
"13-11-1998 - Case was called for. The parties are absent. The Award was filed by the Umpire Shri Jethanandji. Shri Prem Narain Agarwal, learned counsel for East India Hotels and Shri Suresh Chandra Gupta, learned counsel for Agra Development Authority be informed. Umpire Shri Jethanandji shall place on record all the papers concerning the Award within fifteen days.
Case be put up on 14-12-1998 for further orders.
Sd/- VIth Addl. Civil Judge
(Sr. Division) Agra.
Noted for filing of the award
Sd/- 13-11-1998
(Counsel for East India Hotel).
Sd/- 19-11-1998
For ADA (Parokar)
Kirpa Shankar.
Sd/-
Suresh Chander Gupta
Sr. Standing Counsel, ADA
23-11-1998."
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