BAI MANGU Vs. SHAH PARSHOTTAMDAS TRIKAMLAL

JUDGEMENT

(1.) RAJU J.

(2.) THE applicants application to set aside an award on the ground that no notice was given as required by section 14(1) of the Arbitration Act 1940 and on some other grounds was rejected by the 6th Joint Civil Judge Junior Division Ahmedabad. But in appeal the learned Extra Assistant Judge Ahmedabad before whom three submissions were made by the opponent rejected the first two contentions and accepted the last one which was that the award should be set aside on the ground that no notice had been given under sec. 14(1) of the Arbitration Act. On that ground alone the learned Extra Assistant Judge in appeal set aside the award and directed that the suit must proceed in accordance with law.

(3.) THERE are provisions in the Arbitration Act in sections 15 and 16 regarding the power of the Court to modify an award and power to remit an award. Sec. 17 provides for judgment and decree in terms of the award. Section 30 of the Arbitration Act deals with the question of setting aside awards and reads as follows :- -