Order No.  6   dt.   19/01/2016

Today is fixed for order in respect of the petition filed by o.p. on 1.12.15 challenging the maintainability of the case. We have gone through the said petition and materials on record.

We have observed that after receiving the notice complainant neglected to appear before the Ld. Arbitrator for adjudication of the disputes. On perusing the relevant documents and hearing the matter Ld. Arbitrator was pleased to pass Award in favour of o.p. no.1 directing the complainant and co-borrower to make payment of the awarded amount along with interest @ 18% p.a. till the date of realization of the same. Copy of the said award dt.23.11.09 was duly served upon the complainant and Mrs. Rama Chakraborty, co-borrower. Thereafter no application was preferred by complainant for setting aside of the award u/s 34 of Arbitration and Conciliation Act, 1996. So, we are in the view that complainant did not exercise his statutory right under Arbitration and Conciliation Act, 1996. Then o.p. had preferred an execution application for execution of the award before Hon’ble High Court at Madras.

In view of the above, we hold that since the matter has already been adjudicated and disposed of by Ld. Arbitrator, this Forum lacks jurisdiction to entertain the matter on the self same cause of action and as such, the petition filed by o.p. on 1.12.15 is allowed and accordingly, the instant case is not maintainable and thus the case is rejected.