- (1.) In this appeal, Naresh Chander Kaushik has assailed judgment dated 3.1.2006 passed by learned Additional District Judge, Chandigarh thereby dismissing petition under section 34 of the Arbitration and Conciliation Act, 1996 (in short, the Act) (styled as appeal under section 33 of the Act) assailing award dated 19.4.2002 passed by respondent no. 2 Arbitrator.
(2.) Respondent no. 3 M/s Surbhi Forests Limited (a private limited Company) through its Managing Director Mrs. Usha Kiran Chaturvedi (impleaded as respondent no. 4) approached the Financier respondent no. 1 M/s Ashok Leyland Finance Limited for loan for purchase of vehicle. Another Mrs. Usha Kiran respondent 11 stood guarantor for the loan. Necessary documents were executed by respondent no. 4 on behalf of respondent no. 3 as its Managing Director and by respondent no. 11 as guarantor in individual capacity. There was arbitration clause in the agreement. Pursuant thereto, respondent no. 1 Financier referred the dispute to the Arbitrator for outstanding loan amount. In its claim, respondent no. 1 also impleaded appellant and respondents no. 5 to 10 allegedly being Directors of respondent no. 3 company, in addition to impleading respondent no. 3-company and its Managing Director and the guarantor. The Arbitrator vide ex parte impugned award dated 19.4.2002 awarded amount of Rs. 54,101/- in favour of the Financier and against all arrayed as respondents before the Arbitrator, along with interest.
(3.) Naresh Chander Kaushik appellant herein, who was respondent no. 6 before the Arbitrator, filed petition under section 34 of the Act challenging the said arbitration award alleging inter alia that the appellant was neither party to the agreement in question nor was Director of company-respondent no. 3 herein and therefore, he could not be held liable to pay the amount in question. The petition was resisted by respondent no.1 Financier.;