Supreme Court of India · 2003-11-12
Dulal Poddar vs Executive Engineer, Dona Canal ...
- Citation / case number
- AIR 2004 SUPREME COURT 1049
- Court
- Supreme Court of India
- Petitioner
- Dulal Poddar
- Respondent
- Executive Engineer, Dona Canal ...
- Author
- S.B. Sinha
- Bench
- S.B. Sinha
Judgment text excerpt
The Supreme Court upheld the High Court's decision to set aside the appointment of an Arbitrator and the ex-parte award made by him, citing the lack of notice to the respondents as a violation of due process under the Arbitration Act, 1940. The Court emphasized that an award made without giving an opportunity for hearing is illegal and void. The appeal by the contractor was dismissed, and the Civil Court was advised to consider appointing a new Arbitrator expeditiously.