BHAGWAN DASS BROS Vs. GHULAM AHMED DAR

JUDGEMENT

(1.) ORDER , J.-

(2.) THIS order will dispose of these two applications. They have been filed by the defendant/judgment debtor in the suit. The facts leading up to the filing of these two applications are in a very short compass. An arbitration award dated 15.10.1988 made by Shri V.D. Mishra, an Ex-Judge of this court and a retired Chief Justice of the Himachal Pradesh High Court was filed in this Court. Notices of filing of the award were served on the parties. Objections to the award were filed on behalf of the defendant/applicant herein. These objections were registered as I.A. No. 2278/89.

(3.) MR. Issar submitted that the objections filed by the objector being I.A. 2278/89 had been dismissed because no one had appeared for the objector on 27.7.90. He submitted that they were neither considered nor disposed of merits. He, therefore, submitted that the application for restoration of the objections and for their disposal on merits should be allowed and the dismissal of the application containing the objections should be restored, heard and disposal of on merits. He relied upon the judgment of this court in the case of D.A. Shahni v. H.D. Mehra1 that if an advocate had wrongly noted the date of hearing in his diary and he filed an affidavit in this regard then normally such an affidavit should be accepted as correct and on that basis an application under O. 9, R. 13 should be allowed. MR. Issar urged that no appeal would lie under Section 39 of the Arbitration Act (for short the Act) against the order dated 27.7.90 or the decree in compliance with said order in view of the provisions of Section 17 of the Act. MR. Issar submitted that all that was being sought was a hearing in support of the objections.