HARDAYAL SINGH Vs. JOGINDAR SINGH

JUDGEMENT

(1.) THE present appeal has been filed under Section 39 of the Arbitration and Conciliation Act, 1940 read with Section 10 of Delhi High Court Act against the judgment and order dated 31st May, 2007 delivered by learned single Judge of this Court. By virtue of the impugned order the learned single Judge made the Award dated 5th April, 1972 Rule of the Court and directed that a decree sheet be prepared in terms of the Award as objections to the Award had already been withdrawn and no objections to the Award were pending.

(2.) MR. G. L. Rawal, learned Senior Counsel for the Appellant stated that he had no dispute with the Award passed by the learned Arbitrators but as the properties awarded to the Appellant, specially land at Sawan Park, wazirpur, Delhi, had been fraudulently disposed of by the Respondents, the award was liable to be set aside. He submitted that the mandate of Section 17 of the Arbitration Act, 1940 had not been followed by learned Single Judge before making the Award Rule of the Court.

(3.) AT the outset, Mr. Raju Ramchandaran, learned Senior Advocate for the Respondents, submitted that the present appeal was not maintainable under Section 39 of the Indian Arbitration Act, 1940 as it was not against any of the orders mentioned in Clauses (i) to (vi) of Section 39. Section 39 of the Arbitration Act, 1940 is reproduced hereinbelow for ready reference:-