NIRMAL KUMAR BANERJEE Vs. ORDINANCE FACTORIES DIRECTORATE CO

JUDGEMENT

(1.) This is a revisional application at the instance of the judgment debtor directed against an order dated Feb. 18, 1980 passed by the learned Judge, Third Bench, City Civil Court, Calcutta in Mont) Execution Case No. 44 of 1978. By the order impugned in the present revisional application, the learned Judge has overruled an objection raid by the petitioner to the executability of an award put into execution b) the opposite party,the Ordinance Factories Directorate Co-operative Credit Society Limited. Challenging the said order, it has been contended before us that the learned Judge in tho executing court should have upheld the objection of the petitioner and should have held that the arbitrator who ultimately made the award had not the jurisdiction to do so.

(2.) Is would be necessary to refer to the facts in order to understand the real nature of the objection and decide the issue. Such facts an not disputed and may be set out briefly as follows:-

(3.) In challenging the order of the executing court, Mr. Gkosh appearing in support of this revisional application has contended that in law no appointment could be made by designation, so that Sri B. Das, the thin Inspector of Co-operative Societies Arbitration No. 1 was really appointed the arbitrator and when he was transferred it was necessary for the Assistant Registrar of Co-operative Societies to follow the provisions of Rule 134 of the Rules and make a new appointment. That not having been made, the award as made by Sri A.C. Banerjee is totally without jurisdiction and such an objection can very well be raised at the execution stage. Mr. Chatterjee appearing on behalf of the opposite party has contested the points raised by Mr. Ghosh. According to him the appointment made by the designation is quite in accordance with law and such being the appointment, Sri A.C. Banerjee as a successor-in-office was quite competent to make the award without any fresh appointment in his favour. Reliance is placed by him on section 16 of the Bengal General Clauses Act.