SOUMEN SEN,J. - (1.) The petitioner has filed this application for setting aside of an award dated 8th May, 2014 passed by a sole Arbitrator. The award was passed in favour of the respondents.
(2.) The principal grievance of the petitioners against the award appears to be that the award was passed on the basis of an agreement which is manufactured and forged. The said alleged agreement contains an arbitration clause. The petitioners never intended to enter into any arbitration agreement. The award passed is an unreasoned award. The Arbitrator appointed at the instance of the respondents was regularly representing the respondents in various proceedings.
(3.) The petitioners admit to have received a notice of arbitration on 3rd October, 2013 from the named Arbitrator. The petitioners alleged that the petitioners did not receive any copy of the statement of facts. The petitioners alleged that although they have received letters dated 3rd October, 2013 and 30th September, 2013 but the petitioners could not remember and or trace out any other letter wherefrom it could be ascertained that the statement of claim or minutes of the proceeding were communicated to the petitioners. The petitioners alleged that the agreement and the cheques relied upon by the respondents in the proceeding were issued in consideration of stock of paddy to be supplied to the petitioners by the respondents. The petitioners alleged that the respondents are supplier of paddy. The petitioner no.2 signed some cheques in the month of March 2013 with the object of handing over the same to one Mr. Manoj Kumar Patni and Sandip Kumar Patni being the suppliers and traders of the paddy in connection with an agreement arrived at between the petitioners and the persons named aforesaid. The petitioner no.2 signed few cheques with the intent to hand over the said cheques to Manoj and Sandip on 1st March, 2013 but they refused to receive those cheques on the ground that they had no stock of paddy as required by the petitioners at the relevant point of time and they assured the petitioners to receive those cheques subsequently as and when required amount of paddy was available with them. Thereafter, the said cheques were kept under lock and key in an almirah lying at the petitioners' office at Kharupetia. However, in the month of November, 2013 and subsequently in January and February, 2014 the petitioners received letters dated 19th November, 2013, 20th January, 2014 and 25th February, 2014 calling upon the petitioners to attend arbitration proceeding but for alleged non -supply of documents, the petitioners did not participate in the said proceeding. It is alleged that the respondents have initiated arbitration proceeding by practicing fraud upon the petitioners as also upon the Arbitrator by falsely representing that the petitioners are the investors of the company. The petitioners alleged that the petitioners had no business dealings with Ratan Lal Poddar.;