KANCHHID LAL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner Kanchhid Lal Sharma filed an application under Section 14 of the Arbitration Act, 1940 on 24th July. 1967 for a direction by the court to the arbitrator to file an award. THE arbitrator filed the award and the court on 8th January. 1968 called upon the petitioner to file process fees and adjourned the case to 16th February, 1968. No process fees was deposited and no one appeared on 16th February, 1968 and, hence the application was dismissed although the award was on the record of the court. Later on, the petitioner moved an application under Section 17 of the Act to have the award made a rule of the court. THE application was opposed by the Union of India and it was also submitted that the petitioner had not pursued the application under Section 14. According to the trial court, process fees had to be filed by the petitioner and, hence the application under Section 14 had been rightly dismissed for non-prosecution and, it was held that the present application did not lie because it was not an application under Order 9. Rule 4 of the Code of Civil Procedure. Aggrieved by this order. the petitioner has come to this Court in revision under Section 115 of the Code.

(2.) ON a consideration of the provisions of law applicable to the peculiar circumstances of the case, there seems to have been an irregular exercise of jurisdiction by the court below for reasons shall presently state. The order dismissing the application under Section 14 of the Arbitration Act. 1940 seems to have been passed without jurisdiction and accordingly I am of the view that the application under Section 14 is still pending. I shall now State my reasons for this conclusion.