K. Parida & Bros. , Orissa v. Utkal Weavers Coop. Spinning Mills Ltd.
2007-03-29
H.K.SEMA, V.S.SIRPURKAR
body2007
DigiLaw.ai
ORDER : H.K. Sema, J. - The challenge in this appeal is to the order of the High Court setting aside the arbitration award. The ground for setting aside the award of arbitrator was that the records of the arbitrator was not made available before the learned Civil Judge, Sr. Division, Bhubaneswar who made the award a rule of the Court without considering the record of the arbitrator. 2. It transpires from the letter dated 11/11/1999 that now the record of arbitrator has been traced out and the same has been send to the Civil Judge, Sr. Division, Bhubaneswar by a covering letter dated 11/11/1999. Since the award of arbitrator has been set aside only on ground for non-consideration of the records of the arbitrator and now that the records of arbitrator is made available to the Civil Judge, Sr. Division, Bhubaneswar, we deem it necessary to remand the case to the Civil Judge, Sr. Division to pass appropriate orders after examining the records of the arbitrator. 3. The order of the High Court is, accordingly, set aside and the matter is remanded back to the Civil Judge, Senior Division, Bhubaneswar to pass orders in accordance with law after examining the records. 4. Needless to say that the parties are at liberty to inspect the records and make fresh submissions. Since the matter is an old one, the learned Civil Judge, Senior Division is directed to dispose of the matter within six months from today. 5. Appeal is disposed of in the above terms.