- (1.) THE present application has been taken out by the petitioner for setting aside the award dated 16-11-82. THE notice under S.14(2) of the Arbitration Act was received by the petitioner on 28-1-83. THE notice of motion of this application was taken out on 28-2-83.
(2.) THE disputes arose out of a hire purchase agreement dated 17th Feb. 1982 and the said disputes were decided by the Arbitrator in terms of the arbitration agreement between the parties dated 17th Feb. 1982 resulting in the present award. The petitioner, during the pendency of the reference, had taken out an application under S.33 of the Arbitration Act being Matter No. 930 of 1982 for a declaration that there was no valid arbitration agreement between the parties as he had not signed any alleged arbitration agreement. That matter was set down for trial on evidence and after a long hearing the said matter was disposed of by me on 16-7-85 holding that the petitioner and the guarantors in the hire purchase agreement dated 17-2-82 did sign the said arbitration agreement and the same was binding on the petitioner in that application.
(3.) THE present award dated 16-11-80 is a non-speaking award. THE grounds for setting aside the award have been set out in para 22 of the petition. Altogether 11 grounds have been taken for attacking the validity of this award, during the hearing, of this application only the last ground, that the award is otherwise invalid, was pressed on the allegation that the said arbitration agreement was not stamped and was void. It should be noted that there was not a single averment regarding the stamp in the whole of the petition. I have no doubt that this ground has taken the respondent by surprise. THE petitioner was constrained to confine his case on the ground of 'Stamp' only as all other grounds in this petition were common with the grounds taken in the trial on evidence matter which had already been considered and disposed of by me on 16-7-85. I held against the petitioner on all these points.;