- (1.) The appellant-PUNSUP is aggrieved of the order dated 14.5.2008, whereby the objections filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short "1996 Act") for setting-aside the award dated 23.1.2004, have been accepted.
(2.) Mr.Rakesh Gupta, learned counsel appearing on behalf of the appellant-PUNSUP has raised the following submissions:- a) The award aforementioned was ex-parte. The Miller having been sent notice by registered post through the District Manager and as well as having been served through publication did not intentionally appear, therefore, they could not raise this grievance by bringing their objections within the parameters of Section 34 of 1996 Act; b) The claim was not falling within the 'excepted clause' even if the award given by the Arbitrator containing the element of interest which is falling within the excepted clause, would not oust its jurisdiction. In support of his contention, he has relied upon the unreported order of the Hon'ble Supreme Court dated 7.9.2015 rendered in Civil Appeal No.6887 of 2015, titled as M/s Kisan Rice Trading Company Versus Punjab State Civil Supplies Corporation Ltd. and another; c) Since the Miller has absented, therefore, impliedly the objections vis-a-vis the excepted clause are deemed to have waived in view of the provisions of Section 4 of 1996 Act. Mr.S.S.Salar, learned counsel appearing on behalf of the Miller submits that the District Judge had specifically noticed in his order that the publication was ordered to be effected in the Newspapers "English Tribune" and "Ajit Punjabi", whereas the notice was got published in "Indian Express" and "Punjabi Tribune". The particulars given in the claim petition reads thus:- "M/s Toor Rice Mills, Bhawanigarh, District Sangrur, through its proprietor/partners."
(3.) There is no mention of the name of the partner nor his personal address. Even otherwise, in case the award was to be executed, in the absence of such address, the same could not be executed. The Objecting Court also found that the claim of the PUNSUP was falling with the excepted clause and, therefore, accepted the objections. In the end, the learned counsel prays for dismissal of the appeal. I have heard the learned counsel for the parties and appraised the paper book.;