Prasenjit Mandal, J. - (1.) CHALLENGE is to the Order No. 28 dated June 8, 2009, Order No. 29 dated July 9, 2009, Order No. 30 dated July 24, 2009 and the decree passed by the learned Civil Judge (Senior Division), 2nd Court, Barasat in Misc. Case No. 34 of 2004. An arbitral award is the subject -matter of dispute.
(2.) AT present, we are concerned with the arbitral award dated October 31, 2004 filed by the sole Arbitrator Sri Pravir Bose, retired Secretary of I & W. Dte. After filling the said award before the learned Judge under the provisions of Arbitration Act, 1940, the learned Judge issued notice upon the opposite party of the Misc. Case No. 34 of 2004. Thereafter, the opposite party of the Misc. Case filed a written objection to the said proceeding being Misc. Case No. 34 of 2004. The award was accepted on contests by the learned Trial Judge and accordingly, the decree was passed. Now, the question is whether the impugned orders should be sustained.
(3.) HAVING heard the Learned Counsel for the parties and on going through the materials -on -record, I find that the said Misc. Case No. 34 of 2004 was lodged under Section 17 read with Section 14(2) of the Arbitration Act, 1940 on December 17, 2004 praying for a decree in favour of the petitioner/opposite party herein. Thereafter, notices were issued by Registered Post with A/D as well as through the process server of the Court. Notices were duly served in both ways upon the opposite party of the Misc. Case. Since the opposite party/petitioner herein did not appear, the said Misc. Case was fixed for ex party hearing on June 18, 2005. Then, on that day, i.e., on June 18, 2005, the opposite party/petitioner herein filed an application for vacating the said ex party order of hearing.;