2001 (10) TMI 1183

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....990. Till 1995 the respondent-UOI did not file any counter claim. The Arbitrator was adjudicating only the claim of the petitioner/objector. On 21st April, 1995 the petitioner submitted before the Arbitrator that he has not received the copy of the claim statement filed on behalf of the respondent-UOI. However, the proceedings were adjourned to 26th June, 1995 for argument. On 26th June, 1995 the ....

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....ve the benefit or opportunity of hearing the counsel for the petitioner with regard to the claim preferred by the petitioner which the Arbitrator was called upon to adjudicate. 4.  The main object to getting the disputes adjudicated upon by way of alternative dispute mechanism of arbitration is to settle the disputes once for all. In order to meet the object and purpose of the Arbitration ....

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....ing and publishing the award shows that the Arbitrator did not adhere to the principles of natural justice. The observation of the Arbitrator that there was sufficient presumption of the service of notice sent through registered AD on account of its non-return by the Postal Authorities is also legally unsound. Even if such a presumption is available it is dis-lodged the moment the concerned party ....

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....rty much less the claimant can be condemned unheard. 8.  The proceedings before the Arbitrator are not on the same parameter r pedestal as those in the court. Award is not appealable. it can be set aside if it is perverse, whimsical, arbitrary or is in complete violation of principles of natural justice or suffer from the vice of bias or partiality. That is why obligation is cast upon the ....