STATE OF MADHYA PRADESH Vs. NARENDRA BARMANI

JUDGEMENT

(1.) BOTH these appeals have been directed against the judgment and decree dated 10-1-1998 passed by District Judge, Jagdalpur by which award passed by Conservator of Forest, Kanker on 27-3-1996 has been made Rule of the Court.

(2.) FOR disposal of these appeals, facts material in brief compass are that respondent/plaintiff entered into agreements with the appellants for transportation of wood logs and executed two written agreements which contain arbitral clause. Respondent/plaintiff failed to transport the wood in conformity with the promise of the contract, therefore, for breach of contract, contracts awarded to him have been cancelled and Rs. 15,202/- and Rs. 29,348/- have been confiscated. Respondent/plaintiff filed an application under Section 8 read with Section 20 of the Arbitration Act, 1940 (for short "the Act"). Learned District Judge after calling the agreement and providing opportunity to both the parties referred the dispute to the Conservator of FORest Kanker to decide the matter as an arbitrator.

(3.) LEARNED District Judge after elaborate discussion, held that the award dated 27-3-1996 was returned to the arbitrator only for affixing necessary stamps. No fresh award by his successor can be passed. Therefore, subsequent award dated 5- 6-1996 has no legal force and the award dated 27-3-1996 passed by the arbitrator alone is required to be made Rule of the Court, has passed the impugned judgment and decree in terms of the valid award.