(August 14, 2001) 2001 (TLS)125652

2001-AD (Del)-7-302 :: 2001-ILRDLH-7-36

B. M. LABRU Vs. Vibhoo Kumar

V. S. AGGARWAL

( 1 ) SHRI P. K. Jain had been appointed as the sole arbitrator. In pursuance of the said appointment the arbitrator had submitted the award dated 25/5/1982.

( 2 ) OBJECTIONS have been filed by Shri Vibhoo Kumar (for short respondent no. 1.) under Section 17, 30 and 33 of the Arbitration Act. It has been asserted that respondent no. 1 had filed a civil suit for recovery of Rs. 45,750. 00 against M/s Maltex Agents and Distributors. Therein an application had been filed under Section 34 of the Arbitration Act and the suit as such was stayed. The arbitrator was appointed after a period of four months from 1 7/09/1980. An application was filed on 29/01/1981 for seeking extension of time to make and publish the award. The time is stated to have been extended. The arbitrator thereafter only issued one notice which was received on 26/5/1981. The arbitrator was informed that respondent no. 1 is out of station. Respondent no. 1 again informed the arbitrator that on 15/5/1981 he would be out of India. On 2/7/1981 second application was filed under Section 28 of