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1984 Supreme(Del) 320

AVADH BEHARI ROHATGI, G.C.JAIN
UNION OF INDIA – Appellant
Versus
BHATIA TANNING INDUSTRIES – Respondent


Advocates Appeared:
REKHA SHARMA, S.L.VATEL, Vijay Mehta

Avadh Behari Rohatgi, J.

( 1 ) THE short question in this appeal is whether the arbitrator was guilty of misconducting the proceedings because he resorted to the method of publication in the newspaper for the purpose of effecting service on the respondent, Bhatia Tanning Industries, for the hearing of the case.

( 2 ) THESE are the facts. An agreement was entered into between the appellant. Director General of Supplies and Disposals and the respondent, Bhatia Tanning Industries (the Industries) on 1-11-1974. The Industries were to supply certain material to the Director-General. The case of the Directorgeneral was that the Industries had committed default in making the supplies. So he raised a claim against the Industries on account of risk purchase. The agreement provided for arbitration. According to the terms of the arbitration clause the disputes between the parties were to be referred by the Director General to a sole arbitrator named by him. The Director-General appointed an arbitrator who resigned. Subsequently he appointed another arbitrator, Mr. P. C. Rao. Mr. Rao, the learned arbitrator, issued notice to the Industries requiring them to appear before him on a particular da















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