BANSAL AND SONS CONTRACTORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition has been referred to Division Bench to determine the question : "whether an appeal lies against an order refusing to set aside the award and passing a decree in terms of the award ?"

(2.) BRIEFLY stated, the facts of this revision petition are that the petitioner filed an application under Section 14 read with Section 17 of the Arbitration Act, 1940 (for short, the Act) praying for making the award dated 18-7-1986 a rule of the Court. The Subordinate Judge, Karnal, vide order dated 12 3-1986, appointed Shri D. P. Gupta, Superintending Engineer, as Arbitrator and the Arbitrator entered upon the reference and made the award, copy of which was endorsed to both the parties, vide endorsement No. 5672 dated 19-7-1986. In the application filed by the petitioner, it was prayed that notice be given to the Arbitrator for filing the original award alongwith the proceedings and that the award be made a rule of the Court and a decree be passed in accordance with the award.

(3.) ON the pleadings of the parties, the following issues were framed :