L.N.MITTAL - (1.) FOR reasons mentioned in the application, which is accompanied by affidavit, delay of 07 days in filing the appeal is condoned. The application stands allowed accordingly.
(2.) ALLOWED as prayed for. Main Appeal : Ram Singh has filed this first appeal assailing judgment dated 12.03.2012, passed by learned Additional District Judge, Chandigarh, thereby dismissing appellant's application under Section 34 of the Arbitration and Conciliation Act, 1996 (in short � the Act), for setting aside ex-parte arbitral award dated 29.12.2002, passed by respondent no.2 as Arbitrator. The appellant averred in his application under Section 34 of the Act that the impugned ex-parte Award was passed at his back and copy thereof was not communicated to him. He learnt of the Award on receiving summons in petition for execution of Award. The application was, therefore, alleged to be within limitation.
(3.) THE Award was challenged on the ground that the appellant never executed the alleged agreement dated 11.09.1999 with respondent no.1 nor he had ever seen her. The appellant had taken loan from M/s Barkat Ram and sons and repaid the same in cash and through cheques. Appellant's signatures had been obtained on blank papers when he took the loan from the aforesaid firm. The creditor had also taken four signed blank cheques from the appellant as security. Respondent no.1, in connivance with the aforesaid creditor, appears to have obtained the Award by fabricating the alleged agreement. The Award has been made in violation of the provisions of the Act.;