KARAMAT HUSSAIN AND SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) M /s. Karamat Husain has come up in appeal against the order of the Temporary Civil and Sessions Judge, Gorakhpur, dated 20th September, 1972, setting aside an award dated 22nd November, 1969 made by the Arbitrator, Sri R.K. Puri, directing that the arbitration be superseded, and declaring that the arbitration agreement between the parties shall cease to be effective.

(2.) THE dispute between the Appellant and the Respondents was referred to the Arbitrator, Sri R.K. Puri, Divisional Engineer, North Eastern Railway, Gorakhpur. He gave his award on 22nd November, 1969. The Appellant then moved an application under Section 14 of the Indian Arbitration Act praying for the filing of the said award. After the award was filed, it was found to be insufficiently stamped. Accordingly, the Court, vide its order, dated 20th September, 1969, (impugned order), quashed the award and set it aside. It also directed that the arbitration agreement shall stand superseded and will cease to be effective. Being aggrieved, M/s. Karamat Husain and Sons has come up in appeal before this Court.

(3.) SECTION 19 of the Arbitration Act which is relevant for our purposes runs thus: