STATE OF MANIPUR Vs. GANESHLAL BAGRI & CO

JUDGEMENT

(1.) THE decision rendered in this appeal shall also govern the disposal of connected First Appeals being Nos.3/1999, 4/1999 and 5 of 1999 as in all these Appeals, common issues of facts and law are involved and secondly they arise between the same parties.

(2.) THIS is an appeal filed by the State (respondent/non -applicant before the trial court) under Section 39 of the Arbitration Act, 1940 (hereinafter "The Act - since repealed") against the order dt 3.7.1998 passed by the learned Civil Judge, Senior Division No.1, Manipur East in Arbitration No.2 of 1998.

(3.) THE question which thus arises for consideration in this appeal and also in connected appeals is whether the Trial court was justified in rejecting the application made by State under Section 30 ibid and in consequence was justified in passing a decree in terms of the said award of the arbitrator (Umpire) by further modifying it in the claimant's favour?