Arbitration and Conciliation Act, 1996 — Section 34 — Order IX Rule 13 CPC — Execution proceedings — Challenge to ex parte arbitral award — Petitioners contend no notice of arbitration proceedings and non-service of award — Instead of approaching competent Court under Section 34, application filed before Arbitrator — Where petitioners allege absence of notice and deprivation of opportunity to contest, such application can be treated as one akin to Order IX Rule 13 CPC for limited purpose of examining reasons for setting aside ex parte award — Arbitrator directed to consider application and verify service of notice under Section 31(5) — Arbitral award kept in suspension till disposal of said application — Direction issued in peculiar facts and not as precedent — Civil Revision Petition disposed of. (Paras 8 to 11)

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Arbitration and Conciliation Act, 1996 — Section 34 — Order IX Rule 13 CPC — Execution proceedings — Challenge to ex parte arbitral award — Petitioners contend no notice of arbitration proceedings and non-service of award — Instead of approaching competent Court under Section 34, application filed before Arbitrator — Where petitioners allege absence of notice and deprivation of opportunity to contest, such application can be treated as one akin to Order IX Rule 13 CPC for limited purpose of examining reasons for setting aside ex parte award — Arbitrator directed to consider application and verify service of notice under Section 31(5) — Arbitral award kept in suspension till disposal of said application — Direction issued in peculiar facts and not as precedent — Civil Revision Petition disposed of.
(Paras 8 to 11)