BOLLARAM GEORGE Vs. KADPAK LINGIAH

JUDGEMENT

(1.) THIS is a petition for revision of an order passed by the Subordinate Judge of Warangal holding that the objection petition dated 5-7-1955 was time barred and passing a decree in favour of the plaintiff in terms of the award. The award in question was received in Court on 7-6-1965 from the Collector. On 4-1-1955, the respondent herein who was the plaintiff in the lower court filed a suit for enforcement of the award along with unsigned copies of the award and the agreement. In para 5 of the plaint, he stated that the original award was filed before the Collector for stamping the same as required by law as it was written on a stamp paper of Rs. 5.00 and that the original agreement was in possession of the Umpire Sri Matrasi Jagannatham and that the same may be summoned from them, On 6-1-1955, the Presiding Judge passed the following order : "Take on Register No.

(2.) ISSUE notice to the respondent at the cost of the petitioner. Send also for the original documents us required in the petition".It appears that before any notice could be issued as directed by the Presiding Judge, the petitioner herein filed a petition on 5-1-1955 to the effect that he had come to know that the plaintiff had instituted a suit for recovery of money and filed a petition for interlocutory orders. As this would affect his business, he prayed that if any application for interlocutory orders had been made, the same may be heard in his presence. On 21-1-1955, he filed another petition stating that on coming to know that an interim order of some sort was being issued by the Court against him, he requests that no order should be passed without informing him. Upon this, he was asked to furnish security to the extent of the suit amount. For this purpose, he wanted a weeks time. On 24-1-1955, when the matter was taken up, counsel for the parties were present and the court directed the plaintiff to give a copy of the plaint to the defendant. On 2-2-1955, when the matter came up for hearing, the defendant (the petitioner herein) wanted to file a written statement and the case was posted to 15-2-1955. On that date, the revision petitioner applied to call for the award proceedings from the arbitrator and stated that after its inspection he would file his written statement. The case was thereafter directed to be posted to 28-2-1955. On that day the court directed the parties to furnish the correct addresses of the arbitrators and posted the case to 15-3-1055. As necessary costs were not deposited, orders were not issued and the case was posted to 28-3-1955. On that date, the court passed the following order

(3.) IN order to appreciate the contentions of the learned counsel for the parties, a reference to Section 14 of the Arbitration Act is necessary which runs thus : "(1) When the arbitrators Or Umpire have made their award, they shall sign it and shall give notice in writing to the parties of the making and signing thereof and of the account of fees and charges payable in respect of the arbitration and award. (2) The arbitrators or Umpire shall, at the request Of any party to the arbitration agreement or any person claiming under such party or if so directed by the Court and upon payment of the fees and charges due in respect of the arbitration and award and of the costs and charges of filing the award, cause the award or a signed copy of it, together with any depositions and documents which may have been taken and proved before them, to be filed in Court and the Court shall thereupon give notice to the parties of the filing of the award. (3) Where the arbitrators or Umpire state a special case under Clause (b) or section 13 the court after giving notice to the parties and hearing them shall pronounce its opinion thereon and such opinion be added to, and shall form part of the award.