DINSHAW MANEKJI PETIT Vs. G B BADKAS

JUDGEMENT

(1.) THIS is an application under Section 14 (2) of the Arbitration Act, 1940, for an order directing the first Respondent, who was appointed an arbitrator under S. 19 of the Defence of India Act, 1939, to file in the Court an award made by him on 12th August 1967.

(2.) THE first Respondent did not appear at the hearing of the application. The learned Advocate General, however, who appeared for Respondents Nos. 2 and 3, raised a preliminary objection to the maintainability of the present petition. He submitted that the Court has no jurisdiction to order the first Respondent to file the Award for two reasons, firstly, S. 19 (1) (g) of the Defence of India Act excludes the operation of the Arbitration Act to arbitration held under Section 19 of the Defence of India Act, and secondly, even assuming that the Arbitration Act applies to such arbitrations, by reason of Section 46 of the said Act, the provisions of Section 14 (2), being inconsistent with the provisions of the said Section 19 and rules made thereunder, will not apply to an award made under the said Section 19. Mr. Thakker, the learned Counsel for the petitioner, disputed the validity of both these contentions and maintained that the present application was competent under Section 14 (2) of the Arbitration Act.

(3.) ACCORDINGLY the Government of Maharashtra paid to the Trustees the solatium after deducting costs, and also appointed the first respondent as an arbitrator to determine the amount of further compensation, if any, payable to the trustees. The first respondent made and published his award on 12th August 1967 and gave notice thereof to the parties on the same day. It is not disputed that by his Award the first respondent has disallowed the entire claim of the petitioner for compensation in excess of the said sum of Rs. 22, 49, 770 and for further amount by way of solatium. The petitioner by his Attorney's telegram dated 8th September 1967 requested the first Respondent to file his Award in this Court. As the first respondent did not do so, the petitioner as the sole surviving trustee of the said trust has filed this petition on 11th September 1967 for directing the first Respondent to file or cause to be filed the Award in this Court The first respondent did not file his appearance and remained absent. On behalf of respondents Nos. 2 and 3, however, an affidavit in reply was filed on 24th November 1967, by one Shriram V. Harshe, Under Secretary to the Government of Maharashtra, contending that S. 14 (2) of the Arbitration Act did not apply to the said Award made under S. 19 of the Defence of India Act, 1939. Though the Petitioner applied for time for filing an affidavit in rejoinder no such affidavit was filed.