1 Arbp 482.08 kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. ARBITRATION PETITION NO.482 OF 2008 The Sangam Co.operative Housing Soc.Ltd. ...Petitioner v/s. M/s.Manorama Builders & Developer ...Respondent ... Mr.J.B.Chandnani for the Petitioner. None for the Respondent. ... CORAM: D.K.DESHMUKH, J. DATED: 2nd December, 2011 P.C.: 1. By this petition filed under Section 34 of the Arbitration & Conciliation Act the Petitioner challenges the award made by the sole arbitrator dated 6-8-2007. 2. It is the case of the Petitioner that the award has been made by the sole arbitrator without serving the Petitioner with any notice of arbitral proceeding. In paragraphs 1 & 2 of the Award the arbitrator has stated that he had issued two notices to the Petitioner. The Petitioner is served with the notices, but he did not appear. On the face of it the award is an exparte award. The Petitioner in paragraph 17 of the Petition has stated thus: 2 Arbp 482.08 “The Petitioner states and submits that the para No.2 of the Award is not true and correct and is misleading as no notice was served nor any intimation was given to the Petitioner for any kind of Arbitration Proceeding and hence the Petitioner has no knowledge of the Claim filed by the respondent before the Sole Arbitrator Shri Dinesh Shah. In fact the petitioner has terminated all the development rights vide the public notice dated 22nd Nov. 2004 published in Free Press Journal and Navshakti.” 3. It appears that before admission of the petition, notice of the petition was served on the Respondent on 24-9-2008. After hearing both sides, the petition was admitted for final hearing. When the court admitted the petition for final hearing, the Respondent waived service. The Respondent has not filed any affidavit denying averments in paragraph 17 of the petition. None is also appearing for the Respondent when the matter is called for hearing. In the absence of any reply filed; by the Respondent, I have no option but to accept the averments made in paragraph 17 of the petition at its face value. The award appears to have been made without issuing notice to the Petitioner, the Award will have to be set aside. Accordingly the award impugned in the petition is set aside. Petition disposed of. (D.K.Deshmukh, J.)