UNION OF INDIA Vs. V VEERRAJU

JUDGEMENT

(1.) )

(2.) THESE two appeals arise from O.S. No. 172/1976. A.S. No. 339 of 1978 is preferred by the defendant-Union of India, while A.S. No. 146 of 1979 is preferred by the plaintiff. The suit was instituted in forma pauperis for recovery of a sum of Rs, 4,16,449.40 p. and damages at the rate of Rs. 15,000/- p. a. with subsequent interest, at the rate of 12% p.a.

(3.) THE defendant-Union of India contested the suit. It stated that the suit is barred by Sections 31 and 32 of the Indian Arbitration Act. It also submitted that the suit is barred by limitation. THE plaintiff having signed no claim certificate' is not entilled to resile and claim further a mount. At plaintiff's instance only, the matter was referred to arbitration, in which proceedings the plaintiff also participated. Just because, he is dissatisfied with the award, he cannot make a fresh claim in the suit. THE plaintiff is bound by the award, which has became final, not having been challenged by the plaintiff, in the manner prescribed by the Arbitration Act. THE plaintiff's cause of action under the two agreements merged in the award dated 29-3-1974. THE suit is accordingly not maintainable. THE suit amount claimed is totally unrealistic and untenable. THE plaintiff is not entitled to any damages.