1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. ARBITRATION PETITION (LODGING) NO.349 OF 2009 Govind Prasad Bang .... Petitioner vs Chetan Kumar Rathi & ors. .... Respondents Mr.Pradeep J. Thorat for the petitioner. Mr.R.D.Soni i/b. M/s.Ram & Co. for the respondents. CORAM: ANOOP V. MOHTA, J. DATE : 10th July, 2009 P.C.: 1 The petitioner has invoked Section 34 of the Arbitration & Conciliation Act, 1996 (for short, the Act) and thereby challenged the Award passed by the Arbitral Tribunal constituted under the bye-laws and business rules of the MCX (Multi Commodity Exchange of India Ltd.), based upon the Agreement between the parties. 2 Without observing anything on the merits of the matter, I am interfering with this Award only on the ground of principle of natural justice. Admittedly, by order dated 15.01.2009, after hearing both the parties, the Tribunal had permitted to produce various particulars and information to give full justice in the matter. The matter was adjourned to 12.02.2009. Admittedly, on that date, the petitioner could not attend the hearing on account of demise of his relative. It is recorded in the order dated 12.02.2009 of the Tribunal about the inability so expressed 2 through the fax. As the parties were already heard and it was adjourned only for furnishing the information and, therefore, the Tribunal considered it not necessary to adjourn the matter and the Award was dictated on that date accordingly. 3 The petitioner received the Award dated 18.02.2009 and therefore challenged the same apart from other, on this basic ground also. 4 This facet, according to me, is essential before passing the final Award in such matters, where the petitioner, for whatever may be the reason, had disputed the various facts. The information so sought itself speak that the Tribunal wanted to give full opportunity to the parties. Having once granted this opportunity and adjourned the matter for the same, in my view, it is desirable that the parties be given full opportunity in the interest of justice. 5 Resultantly, the impugned Award dated 18.02.2009 is quashed and set aside. However, it is made clear that this is only on the above ground and without observing anything on the merits of the matter. 6 The parties to appear before the Tribunal on 22nd July, 2009. The Hon’ble Tribunal to fix the date of hearing and dispose of the matter as early as possible preferably within three weeks therefrom. 7 The Petition is made absolute accordingly. No costs. (ANOOP V. MOHTA, J.)