Shiv Kumar vs State Of Haryana on 4 May, 1994
8. After hearing the learned counsel, I am of the considered view that this petition lacks merit and is, thus, liable to be dismissed. This case is a classical illustration demonstrating that how the sanctity of the arbitration proceedings could be violated resulting into unjust and unfair award. It is patent that firstly no arbitration was competent before the sole Arbitrator appointed by the petitioner-firm. Secondly, no proper intimation was sent with regard to the dates of hearing to Shri R.K.Bansal, Arbitrator appointed by the respondent-company. Thirdly U.P.C. notice dated 28.5.1994 cannot prove any fact because letters sent under postal certificate do not carry any evidentary value as has been laid down by the Supreme Court in Shiv Kumar v. State of Haryana,1 1994(4) S.C.C. 445 and Gadakh Yashwantrao Kankarrao v. E.V. alias Balasaheb Vikhe Patil, A.I.R. 1994 S.C. 678.