FCI Vs. A M AHMED AND COMPANY

JUDGEMENT

(1.) Leave granted.

(2.) The arbitration award, in the present case, pertaining to the disputes between the appellants and the respondents, was published on 10-4-1992 and was filed in the Court of Subordinate Judge at Tuticorin on 30-6-1992. The notice of filing of this award was served on the appellants on 18-7-1992.

(3.) The appellants moved the High Court contending that the Subordinate court at Tuticorin was a court without jurisdiction for the purposes of filing the award. Ultimately, the Division Bench of the Madras High Court, by its judgment and order dated 23-3-1993, held that since the arbitrator had been appointed under the orders of the High Court, no other court had any jurisdiction over the arbitration or in respect of the award therein. The High court, however, in addition, said that in any event, under Section 24 of the code of Civil Procedure, the Court had the power to order withdrawal of the proceedings from the Subordinate Court at Tuticorin to the High Court. The high Court, thereupon, directed that the award and the proceedings in the subordinate Court, Tuticorin be withdrawn from that court to the High Court for disposal in accordance with law. Thereafter on 2-9-1993, the appellants received a notice of transfer of the said proceeding from the High Court. The exact contents of the notice are not before us. However, the notice pertains to the transfer of the award to the High Court and requires the appellant to pay additional court fees.