Law:

Section:

(a) Arbitration Act (X of 1940)--- ----S. 33---Objections to award---Misconduct---First notice issued to appellant by Arbitrator was served upon him on 18-4-1975 for hearing on 20-4-1975--­Appellant asked for a copy of claim to prepare its reply to respondent's claim and adjournment of proceedings for some time to enable him to challenge the appointment of Arbitrator---Arbitrator not conceding to request of appellant and delivering award on 22-4-1975, without there being any reply from appellant, recording of evidence or enquiry and awarding damages amounting to more than half a million rupees just on the assertions of respondent---Exact amount of damages suffered, had not been proved by evidence---Award delivered by Arbitrator clearly demonstrated that Arbitrator had not acted in an impartial manner---Award showed that Arbitrator was acting under the influence of venom by the disclosure of fact by petitioner's counsel at the very outset that they were going to challenge his appointment as an Arbitrator--­Award rendered by Arbitrator was, thus, without any lawful basis and justification. Award was delivered by the Arbitrator without there being any reply from the appellant, recording of evidence and enquiry. The Arbitrator had come to the conclusion merely by holding proceedings on two dates, that the respondent suffered damages amounting to Rs.53,32,919.75 due to the fault on the part of the appellant. There was absolutely no material on the record of the case on the basis whereof it could be said that the appellant did suffer actual damages as alleged by him due to the lapses of the appellant except the document showing that the contract was granted to him and there was a correspondence between the appellant and the respondent. In order to succeed in a claim for damages, it was necessary for the respondent to have proved by cogent evidence that due to actions or lapses on the part of the appellant he suffered a loss which he had alleged to have suffered. Exact amount of damages suffered had also to be proved by evidence. In this case it amounts to decreeing the claim for damages, merely on the basis of averments in the claim, itself. There was absolutely no…

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