SOHAN NAYYAR Vs. LT GOVERNOR OF DELHI ARBITRATOR

JUDGEMENT

(1.) :

(2.) THERE are two appeals before the Court which relate to the same judgment. THERE was an award made by the Lt. Governor of Delhi on 6th July, 1971, relating to the New Friends Co-operative House Build- ing Society Limited. The facts of the case, as far as the present appeal is con- cerned, show that on 9th July, 1971, the Lt. Governor superseded the Managing Committee and appointed a new Manag- ing Committee. On 17th July, 1971, Shri Bal Mokand Vig, who was the Secretary of the superseded Managing Committee made an application under S. 14 (2) of the Arbitration Act, 1940, praying that the award of the Lt. Governor may be directed to be filed in Court together with the arbitration proceedings. On this application the Court directed the award to be filed by an order dated 11th Aug., 1971, and the award was filed on 23rd Sept., 1971.

(3.) IT is only necessary to state here that S. 1'7 of the Act does not specify who is to make an application. Normally, one would except only a party to make an application and not someone else. In this case, the Managing Committee was superseded only three days after the award was given and the Lt. Governor who gave the award nominated a new Managing Committee who was obviously not going to challenge the award. So, the question as to whether any third party can file objections has arisen almost incidentally to the facts of the case,