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1990 Supreme(Cal) 241

UMESH C.BANERJEE
Rudra Bilas Kisan Sahakari Chini Mills Ltd. – Appellant
Versus
Texmaco Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. Tarun Bose and Ronojit Mitra for the Petitioner
Mr. Anlndya Mitra for the Respondent

JUDGMENT

1. From time to time plea of misconduct or legal misconduct in an application for setting aside the award has had considerable judicial attention. The long catena of decisions from (1) Juggilal Kamalapal, (AIR 1955 Cal 354) down to the decision in Indian Iron and Steel Co.'s matter (Award case No. 72 of 1985: In appeal from original order being No. 233 of 1986), however, echo on the same voice that the Arbitrators must act reasonably and in accordance with the principles of natural justice. There exists no contra note and the law is well settled on this score that though the arbitrators have the right to proceed ex parte but that does not clothe the arbitrators to act arbitrarily as otherwise the faith and belief of the people in general will be shaken as regards this chosen forum for adjudication of disputes between the contracting parties. Sabyasachi Mukherji, J. (As he then was) in the matter of (2) Dipti Bikash Sen and Anr. v. India Automobiles (1960) Ltd., (AIR 1978 Calcutta 454) while dealing with the issue of Arbitrator's right to proceed ex parte very succinctly laid down five several principles as rules of prudence in regard thereto, Mukherji, J. observed:

"The pri











































































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