EASTERN STEAM SHIPS PVT LTD Vs. S RAMASWAMY VIGILANCE OFFICER AND ARBITRATOR DEPARTMENT OF TELECOMMUNICATIONS MADRAS

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 14(2) of the Arbitration Act. THE prayer is for direction to the respondents-Vigilance Officer and Arbitrator, Department of Telecommunications and the Deputy General Manager (North) Madras, to file the award made by the 1st respondent on 18-4-1991 in respect of the petitioner's Telephone Connection bearing Nos. 20394, 20940 and 29976 into Court.

(2.) THE averments made in the petition show that the petitioner is aggrieved by that award and the object of seeking direction is to enable the petitioner to have that award set aside by challenging the same after it is filed into Court, if a direction were to be issued to file that award into Court.

(3.) LEARNED Counsel for the petitioner submitted that in view of Section 46 of the Arbitration Act, statutory arbitrations merely on account of the fact that such arbitrations are statutory, are not excluded from the purview of the Arbitration Act and therefore, the award made by the Arbitrator under Section 7(B) of the Telegraph Act is required to be made into a rule of the Court and it also liable for being-challenged in an application under Section 14(2). It was further contended by the counsel that the award made by the Arbitrator under Section 7(B) of the Act cannot of its own force be executed unless a decree in terms thereof is made by the Court.