ICHHARAM DAMODARDAS Vs. KANTILAL NATHUBHAI

JUDGEMENT

(1.) RAJU J.

(2.) THIS civil revision raises an important question as to whether the award of an arbitrator without the intervention of the Court creating a charge on immoveable property worth more than Rs. 100/requires to be registered before it is filed under section 14 of the Arbitration Act 1940 which will hereinafter be referred to as the Act and followed by a judgment and decree as provided in section 17 of that Act. The award was for the payment of Rs. 8 0 and it also provided that a charge should be kept on immoveable property worth more than Rs. 100.00. The learned Judge therefore held that the award required registration and refused to accept such an award for the purpose of passing a decree in terms of it.

(3.) IT is contended that under the Indian Arbitration Act 1940 an award as such does not create declare assign limit or extinguish any right title or interest because the award has got to be followed by a judgment and decree as provided by sec. 17 and unless it is followed by a judgment and decree it cannot be enforced in a Court of law. The proposition that the award as such cannot be enforced in a Court of law unless it is followed by a judgment and decree is provided in sec. 17 of the Act. Section 32 of the Act provides as follows :-