V.B. Gupta, J.

Present appeal has been filed by appellants under Section 37 of Arbitration and Conciliation Act, 1996 (for short as ‘Act’), against judgment dated 28th May, 2007 passed by Additional District Judge, Delhi, vide which objections preferred by appellants against ex parte award dated 12th September, 2002, were dismissed.

2. Brief facts are that respondent no.1-claimant, filed claim against appellants before Arbitrator. Arbitrator sent summons to both parties. Claimant appeared before Arbitrator, whereas, appellants did not appear. The Arbitrator proceeded ex parte against appellants. After considering the claim of claimant, Arbitrator passed an award in his favour, on 12th September, 2002.

3. It is contended by learned counsel for appellants that as per Arbitration clause, both parties had to jointly approach Delhi Hindustani Mercantile Association or the Arbitral Tribunal, appointed by them for settlement in case of any disputes regarding payment etc. In the present case, respondent no. 1 approached Delhi Hindustani Mercantile Association on its own, without any request from the appellants. This unilateral act of respondent no.1 in approaching the Associatio