proceed. Despite the request, the arbitrator proceeded to
give his Award (ex parte). This was on 29.3.1994.
To complete the chronology of events ... could not have made an ex parte Award dated 29.3.1994.
According to the appellant, the said ex parte Award passed by the Arbitrator
till 1.45 P.M. The respondents were proceeded ex-parte. The proceedings for recording ex-parte evidence were adjourned to 5th September ... intention to proceed ex parte has not caused any prejudice to the party against whom the ex parte award was made.
13. Keeping in view
Award is not ex parte , and even if it is ex parte , the circumstances justify the making of an ex parte Award. The Award ... that it was an ex parte Award. When an in what circumstances can an award be passed ex parte has been stated by the Calcutta
intention to proceed ex parte against such a recusant person and may proceed ex parte and make a valid award without issuing
a notice ... proceed ex parte at once.
Notice of intention to proceed ex parte
In general, the arbitrator is not justified in proceeding ex parte without giving
award. Petitioners,
claiming that the award was passed without notice to them filed application
before the Arbitrator to set aside the award accompanied ... exparte award after the award is signed.
5. The Law in England as to the power of an Arbitrator to set aside an
exparte award
short, the Arbitration Act ), and
thereby challenged an ex-parte award dated 15 June 2012
passed by the sole Arbitrator, (Respondent ... Petition No. 1179 of 2012 and
1180 of 2012 the similar ex-parte awards passed by the same
Arbitrator, based upon the mortgaged/loan documents
ex-parte against him and on
that date fixed it is competent for the arbitrator to proceed
ex-parte and pass an ex-parte award ... notice before proceedings with the matter ex-parte, the learned
arbitrator could not have render ex-parte award.
REASONS AND CONCLUSIONS :-
41. A perusal
intention to proceed ex parte against such a resent
person and may proceed ex parte and make a valid
award without issuing a notice ... which shocks the
judicial conscience. In case the Award is an ex-parte Award, where
a person after admitted service does not appear, the scope
namely, there was no notice at the time of passing the ex parte award and this amounts to legal misconduct. The other ground is that ... respondent is therefore set ex parte.
The case is posted to 23-3-1980 at 10 A.M. for ex parte evidence of the claimant
parte award in favour of the other party.
When the award came to be assailed on the ground that it had been made ex parte ... intention to proceed ex parte against such a recusant person and may proceed ex parte and make a valid award without issuing a notice
