INDIAN TELEPHONE INDUSTRIES Vs. JAYARAM REDDY

JUDGEMENT

(1.) CIVIL Revision Petition No. 1859 of 1979 by M/s. Indian Telephone Industries Limited, (Judgment Debtor), is directed against a portion of the order dated 7-3-1979 passed by Second Additional Munsiff, Bangalore, in Execution Case No. 1031 of 1978, on his file, directing the parties to file objections to the award filed in the Court in Original Suit No. 91 of 1969 and further directing that after hearing the parties, the Court should pass such order, as it deems fit on the award filed by the Arbitrator. CIVIL Revision Petition No. 1334 of 1979 by the decree-holder is directed against the same order dismissing the execution on the ground that the decree passed was a nullity and was one passed by a Court without jurisdiction.

(2.) JAYARAM Reddy - the decree-holder - filed a suit in Original Suit No. 91 of 1969 against the judgment-debtor under Section 20 of the Indian Arbitration Act. The matter was referred to the Arbitrator. The Arbitrator filed the award in the Court. The Court passed a decree in terms of the award on 24 7-1978. This decree had been put into execution by the decree-holder.

(3.) THIS contention raised by the judgment-debtor appealed to the Executing Court and it held that the decree sought to be executed was one passed by a Court without jurisdiction and, thus, the decree sought to be executed was a nullity and inexecutable. The Executing Court did not stop at dismissing the execution petition but proceeded to direct the parties to file their objections to the award filed in the Court and has further directed that thereafter the Court should pass such order as it deemed fit.