BALRAJ SUD Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned Counsel for both sides. Perused the record.

(2.) THE present proceeding is preferred against the order passed by the Civil Judge, Senior Division, Vasco da Gama, Goa in Civil Misc. Application No. 158/1991/a, rejecting the preliminary objection raised by the petitioner regarding proper presentation of the award.

(3.) IT appears from the record that the Arbitrator had filed the award and was pending for finalisation before the lower Court, at which time the petitioner filed the preliminary objection raising point of maintainability of the award as the same was not filed personally by the Arbitrator Shri Y. W. Joshi. It was urged before the lower Court by the present petitioner that the award was required specifically to be filed by the person who made it, so as to give a legal standing to the award and, therefore, rejection of the award was sought for by raising preliminary objection.