PARKASH CHAND Vs. RAM BABU AND ORS.

JUDGEMENT

(1.) This revision petition has been directed against the judgment passed by the learned Ex -Officio Additional District Judge, Gurgaon whereby the judgment of the trial Court making the award rule of the court was reversed.

(2.) Brief facts of the case are that Babu Ram, Ram Kishore on the one side and Prakash Chand, Gobind Saran, Kanahaya Lal and Ganga Saran on the other side, had a dispute over certain bulb manufacturing factory situated in plot No.32, Sector 4, Indus -trial -cum -Housing Estate, Ballabgarh. The parties had entered into an agreement on 7.8.1969 to refer the dispute to the sole arbitrator Hardiayal Mal. The arbitrator gave the award in the terms that a sum Rs.51961.35 paise is due to Parakash Chand and others. The amount was directed to be paid in quarterly instalments.

(3.) Parkash Chand then moved an application under Sec. 14 that the Arbitrator may be asked to file the award and thereafter the award may be made rule of the court. Ram Babu and Ram Kishore raised objections that the award is illegal and void ab initio, that the Civil Court has got no jurisdiction to entertain and try the case.