SABYASACHI MUKHARJI, J.

( 1 ) THE subject-matter of challenge in this application is an award dated 21st June, 1977 by the arbitrator. By the award, the arbitrator has held that the petitioner was liable to pay Rs. 3,500/- to the respondent and it was further held that if the petitioner along with Joydeb Dey fail to give possession of the vehicle in question to the respondent they would pay a further sum of Rs. 3,000/- in lieu of the possession. It was further awarded that the respondent, was entitled to the possession of the vehicle. The award is being challenged on the ground that the arbitrator had proceeded ex parte on 21st June, 1977 without giving any peremptory notice to the parties concerned that he would so proceed. It appears that prior thereto, on 26th April, 1977 there was a meeting before the arbitrator where the petitioner as well as respondent had attended. The arbitrator had given directions for the filing of the documents by the parties. At the said meeting, it appears, the petitioner had made a representation that the next meeting should be fixed in the second week of June, 1977 so that the petitioner could attend. Pursuant thereto, the next meeting was fixed ori

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