1 ARBP1158/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1158 OF 2010 Upakar Infra Projects Pvt.Ltd. And anr. ...Petitioners v/s Tata Motor Finance Ltd. ...Respondents Mr Vishal Kanade i/b M/s Negandhi, Shah and Himayatullah for Petitioners. Mr Manoj Prajapati i/b Mr Mohit Gadkari for Respondents. CORAM : D.K.DESHMUKH J. DATE : 16TH JUNE 2011. 2 ARBP1158/10 P.C. :- 1] By this petition, the petitioners challenge an award made by the Arbitrator. Admittedly, the Arbitrator had served the notice on both the sides. Both the sides appeared before the Arbitrator on 14th November 2009. The matter was adjourned to 19th December 2009 for filing of statement of claim. On 19th December 2009 only the claimants appeared and filed their statement of claim. The petitioners remained absent. There is no explanation given why the petitioners remained absent. Therefore, the Arbitrator made the award on the basis of statement of claim and the documents produced by the claimants. The learned counsel appearing for petitioners, relying on the provisions of section 24 of the Arbitration and Conciliation Act 1996 submits that they should have been served with the statement of claim and given an opportunity to file reply. In my opinion, the submission is absurd. If the petitioners wanted to get the copy of the statement of claim and an opportunity to file their reply and 3 ARBP1158/10 lead evidence, they should have remained present before the Arbitrator on 19th December 2009 when the matter was fixed on that day. Had they appeared on that day, copy of the statement of claim would have been served on them and they would have got time to file reply. It appears that the petitioners deliberately remained absent because they had no explanation to offer. Filing of such petitions really amounts to abuse of the process of the Court. Petition is rejected. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH )