SUBHASH THEATRE Vs. PARVATI FILONS

JUDGEMENT

(1.) THIS appeal has been preferred under section 39 of the Arbitration Act against the order dated 26 -7 -1979 passed in Civil Suit No. 125 -A/78 of the Court of Fourth Additional District Judge, Jabalpur, rejecting the application u/s. 14 of the Indian Arbitration Act, for making the award dated 21 -5 -1977 a rule of the Court.

(2.) , The appellant defendant No. 1 is an exhibitor of films at Jabalpur. The defendant No. 2 respondent No. 1 is a distributor having his office at Sitabuldi Nagpur. The respondent No. 2 plaintiff is a company registered under the provisions of the Companies Act.

(3.) THE trial Court held that in Chapter X section 66(iii) of the Central Circuit Cine Association Rules, it is provided that the award holder may take recourse to law for the satisfaction of the award. But the rules are self -contained and they provide the penalty in case the award is not satisfied. Therefore, the civil Court will have no jurisdiction to pass a decree of such an award. It is also mentioned that the plaintiff cannot be said to be an arbitrator as under the rules, the arbitrator cannot be removed by any of the parties. Thirdly, it is stated that the award was not written on a stamp paper. Moreover, the procedure for filing an appeal and revision is also provided in the said rules. These were the reasons for holding the application untenable.