BALKISHAN Vs. MOHINI FINANCE COMPANY
HIGH COURT OF DELHI
MOHINI FINANCE COMPANY
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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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