COLLECTOR JAMNAGAR Vs. TARABAI LALJI

JUDGEMENT

(1.) THIS civil application raises an interesting question which I had no occasion to decide at any time perior to this.

(2.) THE facts leading rise to this civil application are as follows: THE opponent moved the Court under sec. 20 of the Arbitration Act 1940 for filing an arbitration agreement. It was numbered as Special Civil Suit No. 25 of 1968 in the Court the Civil Judge Senior Division Jamnagar. Mr. D. A. Chhaya learned Civil Judge Senior Division Jamnagar passed on Ex. 199 an order in the said suit appointing Mr. N. J. Mankad as the sole arbitrator in place of Salt Commissioner of India Jaipur. Civil Revision Application No. 460 of 1973 was filed in this Court by Mrs. Tarabai Lalji who moved the Court for filing an arbitration agreement to set aside that order. In that revision application the order appointing Mr. N. M. Miabhoy as an arbitrator in place of Mr. N. J. Mankad came to be passed on the basis of the consent terms. Material term No. 2 which is referred to in Civil Application No. 1728 of 1975 Ex. D page 39 reads: Shri N. M. Miabhoy may kindly be appointed as the sole arbitrator for arbitrating upon the disputes mentioned in paras (28 to 31) of application Ex. I of Special Civil Suit No. 25 of 1963 and that the arbitrator should file his award within six Months and as per the provisions of the Arbitration Act applicable to the case. Time was extended by this Court for filing of an award by the arbitrator till 30-4-1975. THE arbitrator made the award on 22-4-1975 and filed that award in this Court on 24-4-1975.

(3.) THIS application has been amended stating that the certified copy of the award was presented to the Sub-Registrar for registering the award but an objection was taken that it being not an original document it cannot be registered and hence this request is made for giving this original award on the aforesaid conditions for getting the award registered.