RAMANATHAN Vs. NAZIR HUSSAIN

JUDGEMENT

(1.) THIS appeal arises from the order of the learned subordinate Judge, Trichur in I. A. No. 239 of 1982 in Art. O. P. No. 101 of 1979. In the final paragraph of the order the court says: "as the extent of liability of each of the partners is to be fixed by the Arbitrator the award is to be remitted to the Arbitrator and I do so for the limited purpose of fixing the liability of each of the partners in respect of the decree amount in O. S. 106/80 of the Sub Court . Trichur and their liabilities interse in that respect. In all other respects the award has to be accepted and I do so. The Arbitrator shall submit his decision to this court on or before 30th June, 1983. Ordered accordingly. " The first respondent's counsel Shri T. S. Venkateswara iyer raises a preliminary objection. He points out that the award was remitted in part. No appeal counsel says, is contemplated under S. 39 (1) of the arbitration Act, 1940 in respect of an order remitting an award. He relies upon the observation of the Supreme Court in Iftikhar Ahmed v. Syed Meharban Ali. A. I. R. 1974 S C 749. 752, and also the decisions in R. T. Perumal v. John Deavin air 1960 Mad. 43; Mehta Taja Singh & Co. v. Fertilizer Corpn. of Indi a AIR 1968 Del. 188; and. State v. Reishma Devi, A. I. R. 1974 All. 257. The preliminary objection is perfectly valid. No appeal lies against an order remitting an award.

(2.) THE learned judge says that in all other respects the award has to be accepted. This does not, however, mean that the portions of the award which have not been remitted, have become a rule of court. Only when the whole award is in hand can the court make it a rule of court. In that event the appellant will be entitled to appeal against such an order. In the circumstances, without prejudice to the appellant's right to question the award, should it become necessary, the appeal is dismissed. THE Arbitrator shall submit his decision on the point referred to him to the court below on or before 31st January, 1987. THE parties shall bear their respective costs. Dismissed. . .