M/S. Bharat Coking Coal Limited vs Prem Kumar
2023 Latest Caselaw 373 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                             Arbitration Appeal No. 21 of 2011

            M/s. Bharat Coking Coal Limited, having its Head quarter at Koyla
            Bhawan, Dhanbad                            ...     ...     Appellant
                                    Versus
            Prem Kumar                           ...        ...       Respondent
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Ms. Puja Agarwal, Advocate For the Respondents : Mr. M. K. Laik, Advocate : Ms. Shridhi Priya, Advocate

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23/20.01.2023 Ms. Puja Agarwal, learned counsel appears on behalf of the appellant.

2. Learned senior counsel Mr. M.K. Laik appears on behalf of the respondent along with Ms. Shridhi Priya, Advocate.

3. Learned counsel for the appellant has advanced her argument and has placed the impugned order. She submits that the impugned order dated 05.04.2011 was passed in absence of the present appellant. She also submits that the sole reason for passing of the impugned order was that no response was filed by the present appellant. She has also submitted that the learned court below while setting aside the award has not recorded any finding with regard to the issue as to whether the award was fit to be set aside on any of the ground enumerated under the Arbitration Act, 1940. Learned counsel has referred to the judgment passed by the Hon'ble Supreme Court in the case of Haris Chandra and Company versus State of U.P. reported in (2016) 9 SCC 478 to submit that the award could have been set aside only if it fell within the scope of interference and merely because the appellant had not responded and had not appeared on that particular day, the same could not be a ground for setting aside the arbitration award.

4. From the perusal of the lower court records, a photocopy of which has been received, this court finds that complete order sheet of Title Arbitration Suit No. 58 of 1994 has not been transmitted to this court. From the perusal of the order sheet, as forwarded, it appears that after order dated 21.11.2002, the order sheet begins from order dated

06.07.2020 and ends at order dated 07.07.2020. The impugned order of the present case has been passed on 05.04.2011.

5. Office is directed to communicate this order to the learned court below and the learned court below is directed to ensure that the entire records be traced and placed before this court.

6. This matter is treated to be part heard.

7. Post this case on 10.02.2023 for further hearing .

8. Let this order be communicated to the court concerned through FAX.

(Anubha Rawat Choudhary, J.) Binit