Arb. Case 26 of 2008 10.11.2009 Present: Shri J.S. Bhogal, Sr. Advocate with Shri Suneet Goel, Advocate, for the petitioner. Shri Virbahadur Verma, Advocate, for the respondents. This petition has been preferred by the petitioner, who is the respondent before the Arbitrator, against the award made by the Director South of the Himachal Pradesh Forest Corporation Limited. The main grievance of the petitioner herein is that she has been proceeded exparte without giving any proper notice to her, and this ground has been urged as one of the grounds under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) for setting aside the award. I have heard learned counsel for the parties and gone through the award. At the outset, I must observe with anguish that the record has not been maintained in a proper manner. There is no order sheet recording proceedings of various dates on which the case was taken up for proceedings. The only clue with respect to the service of petitioner herein is that a registered letter appears to have been sent and bears an endorsement that the addressee (in this case the petitioner) refused to accept service. It is not clear who has written this endorsement nor does it bear any signatures. I also find from the file that subsequently, notices have been issued to the respondent herein but no endorsement has been made to the claimant/petitioner. I need not reiterate that the principles of natural justice are fundamental and govern the legal system in India. It is trite that an opportunity of being heard is the right of every litigant/person whose rights are being adjudicated. I do not find from the record that the Arbitrator -2- has undertaken any exercise to comply with this fundamental principle of law. In these circumstances, I hold that award is in violation of the Public Policy of India and is in violation of the principles of natural justice requiring that a person should not be condemned unheard. Learned counsel appearing for the petitioner has also drawn my attention to some other illegalities which have been committed on record. I have gone through the record of the case. Since I am setting aside the award and remitting the case for decision afresh in accordance with law, I need not go into the other allegations made in this petition. Looking at the conduct of the Arbitrator, it will be in the fitness of things if the Executive Director, Himachal Pradesh Forest Corporation at Shimla is appointed as Arbitrator. Needless of say, he will ensure proper service on the petitioner herein and conduct the proceedings in accordance with law. The award is accordingly set aside. The Executive Director of Himachal Pradesh Forest Corporation at Shimla shall be the Arbitrator with respect to the disputes, subject matter of this petition. Parties to appear before him on 22nd December, 2009 at 11 AM in his office. The case shall be decided afresh after giving an opportunity to both the parties to plead their case and lead evidence in support of their respective claims. All miscellaneous applications stand disposed of. There shall be no order as to costs. The Registry is directed to serve a copy of this order on the Executive Director, Himachal Pradesh Forest Corporation, Van Nigam at SDA Complex, Kasumpti, District Shimla. Petition stands -3- disposed of. The record of arbitration proceedings be sent to the Executive Director, Himachal Pradesh Forest Corportion by the Registry alongwith a copy of this order. He shall be at liberty to fix his remuneration which will be borne by both the parties equally. In addition he shall be entitled to secretarial expenses etc. which shall be shared by the parties equally. November 10, 2009 (Dev Darshan Sud) (ms) Judge