JUDGEMENT
Sujit Narayan Prasad,J. -
(1.) This writ petition has been filed under Article 226 of the Constitution of India, whereby and whereunder following two prayers have been made:
"(i) For issuance of an appropriate writ(s), order(s) direction(s) for quashing the Arbitral 'Award' dated 22.12.16 passed by Sole Arbitrator in Arbitration Case No. (Dhn) 5/16 whereby and whereunder the ex-parte arbitral award has been passed against petitioner for payment of Rs. 5,25,770/- along with 18% interest and cost of Rs. 1000/-.
(ii) For issuance of an appropriate writ order direction commanding upon the respondent no. 2 to transfer the registration of ownership of commercial vehicle bearing No. JH02C 4219 or delete the name of petitioner as owner of said vehicle as the petitioner has already surrendered the vehicle delivery of possession of vehicle received by the respondent No. 3."
(2.) Learned counsel for the petitioner has submitted that he is not pressing the prayer no. 1 for quashing the Arbitral 'Award' dated 22.12.16, however, he submits that he is pressing prayer no. 2.
(3.) This Court has perused the prayer no. 2 whereby a direction has been sought upon the respondent no. 2 to transfer the registration of ownership of commercial vehicle bearing No. JH02C 4219 or delete the name of petitioner as owner of said vehicle as the petitioner has already surrendered the vehicle and delivered the possession in favour of other but this fact could not have been brought before the sole Arbitrator since he has failed to put his appearance, in consequence thereof, ex parte award has been passed.;
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