( 1 ) ROUGH IA 215/94, the respondent has filed objections challenging the validity of the award of the Arbitrator before whom the respondent/objector was the claimant; Contentious operative part of the award is to the following effect:-

"i have heard the counsel for the respondent, NDMC and I am fully satisfied that none of the claims of the claimant are fit for consideration and as such I hold that there is no dispute. !, therefore, hereby make an award for nil amount".

( 2 ) THE Arbitrator was persuaded to pass such an award for the reason that inspite of the service of so many notices to the claimant, the claimant neither turned up nor appeared before the Arbitrator nor gave any reasons for his non-cooperation till he accepted the notice dated 30/04/1991 wherein he showed his inability to appear and agreed for extension of time for another four months. In view of this the arbitrator observed that this conduct on the part of the respondent shows that that he is not interested in finalisation of his claim and as such he had no other option but to proceed ex parte.

( 3 ) I am afraid the procedure adopted by the Arbitrator was illegal as in the given circumstances the only option av

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