Arvind Kumar, J. - (1.) THROUGH the instant civil revision, the petitioner has questions the legality of judgment and decree dated 29.5.1985 passed by the learned trial court by dint of which the ex -parte award dated 2.2.1984 passed by the Arbitrator -respondent No. 3 was made as a rule of the Court and that of the learned appellate court dated 12.12.1985 below by virtue of which the findings returned by the trial Court have been affirmed and their appeal has been dismissed.
(2.) THE facts leading to the filing of the instant revision are that vide order dated 30.7.1983 the Court appointed an Arbitrator to adjudicate the dispute having arisen between Vijesh Kumar and Municipality. It appears from record that the Arbitrator in compliance with the directions of the Court passed an award on 2.2.1984, in which the petitioner was ex parte , on account of non -representation and awarded an amount of Rs. 25,975.47 in favour of respondent Vijesh Kumar. According to the award if the said amount was not paid within a period of 30 days, then it shall carry interest @ 18% per annum. It further reveals from record that on 13.2.1984 Vijesh Kumar filed an application under Section 14 read with Section 17 of the Indian Arbitration Act, 1940 for making the award dated 2.2.1984 as Rule of the Court. The said application, though was contested by the petitioner Municipality by raising the plea that prior to passing the said ex parte award, the Arbitrator has not afforded due opportunity of hearing to it, but the learned trial court dismissed their objections and accordingly made the above -said award dated 2.2.1984 as Rule of the Court and further awarded future interest @ 12% per annum from the date of order till realization of the amount.
(3.) THE appeal of the petitioner meted with the same before the first appellate court below and their appeal was dismissed. Hence this revision.;