BALKISHAN Vs. MOHINI FINANCE COMPANY
LAWS(DLH)-2007-4-53
HIGH COURT OF DELHI
Decided on April 18,2007

BALKISHAN Appellant
VERSUS
MOHINI FINANCE COMPANY Respondents

JUDGEMENT

J.M.MALIK, J. - (1.) The Trial Court made the award dated 25.8.1993 the rule of the court against one Sh. Mangat Ram Gulati and Bal Kishan, appellant. Aggrieved by this order, the present appeal has been filed. The only defence set up by the appellant is that he was never served in this case. I have perused the record of the Arbitrator which is available on the Trial Court file.
(2.) Record reveals that the proceedings before the Trial Court started on 7.1.1993. Shri Ajit Kumar Ahuja, sole Arbitrator gave notice of appearance on 19.5.1993. The said notice was sent through registered AD. There is no conflictions on the point that the notice was sent through registered AD on correct address. It was reported by the postman that the appellant was not available though he visited the premises on 19.5.1993, 27.5.1993 and 31.5.1993.
(3.) Second notice was sent by the Arbitrator on 10.6.1993 through registered AD. Counsel for the appellant did not pick up a dispute with the address mentioned on the registered AD. The postman visited the premises on 15.6.1993, 16.6.1993 and 19.6.1993, where he came to know that the appellant used to attend the office during night. However the appellant has failed to produce evidence in this context.;


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