Law:

Section:

(a) Arbitration Act (X of 1940)-------S. 14---Civil Procedure Code (V of 1908), O. VII, R. 11---Oral award---Scope----Issuance of notice by the arbitrators---Object---Both the parties had entered into an agreement to refer to the arbitrator disputes with regard to business transaction---Parties referred the matter to the arbitrators with regard to dispute arising out shares of property etc.---Arbitrators announced oral award without giving notice in writing to the parties for making and signing the same and no copy of award was supplied to the parties---Validity---During the period of oral award and supply of its written copy one of the contesting party died---Applicant was co-sharer in the disputed properties but there was nothing on record that she ever appeared before the arbitrators or signed any document pertaining to the arbitration proceedings till her death---Nothing was on record that deceased had appointed any of the arbitrators to conduct the arbitration proceedings with regard to the dispute arisen between the parties---No letter was issued by the applicants mentioning the details of the dispute to be decided by the arbitrators---Arbitrators had failed to mention the diaries of proceedings or minutes of the meetings allegedly convened by them during the process of arbitration nor any written material was on record showing the details of the dates when and where such arbitration proceedings were conducted---Issuance of notice to the parties by the arbitrators was mandatory in nature and its non-compliance was fatal to the making and signing the award---Arbitration proceedings were quasi-judicial in nature and in absence of service of notice the award would not be binding on the parties---Object of such notice was to inform the parties of making and completion of award by the arbitrators or umpires and to enable them to approach the court instantly to proceed further for making the same rule of the court---Award must be announced in presence of the contesting parties or their authorized agent---Arbitrators had not issued notice in writing when award was made and signed to the parties of making and signing thereof---Arbitrators had committed gross…

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