SAVITRIBAI Vs. KRISHNAKUMARI

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 13.4.2006 passed in the proceedings under Section 20 of The Arbitration Act, 1940 (registered as Regular Civil Suit No. 54/74), by the 2nd Joint Civil Judge, Sr. Dn., Nagpur.

(2.) THE facts leading to this appeal may be stated, in brief, as follows:

(3.) SHRI Dewani, learned counsel for the appellants, has forcefully argued that this appeal is very much maintainable as the learned Civil Judge has refused to set aside the Award and has adopted a novel procedure in making the Award as Rule of the Court under Section 17 of the Arbitration Act. He submits that some of the defendants had filed their objections under Section 30 of the Arbitration Act but they were erroneously considered to be time barred and rejected by the learned Civil Judge. He also submits that even otherwise the learned Civil Judge ought to have considered the legality and correctness of the Award on his own and set aside the Award suo motu as it was the result of irregularities committed in the procedure and illegalities and mistakes committed in applying the law correctly.