LOCHMAN DAS SAT LAL Vs. PARMESHRI DASS

JUDGEMENT

(1.) THIS first appeal from order is directed against the order of Subordinate Judge 1st Class, Araritsar, refusing to set aside the award made by Shri Burgess on 27th may, 1952 whereby it was held that the respondent firm was entitled to realise Rs. 9,203/1/6 with interest etc. , from the appellant firm. The appeal originally came up for hearing before Kapur J. , who referred the same to a Division Bench on the ground that it involved important questions. The appeal has been fixed before us for decision.

(2.) THE facts leading to this appeal are these. The firm Parmeshri Das Mehra and sons (now respondents) and the Firm Lachhman Das Sat Pat (appellants) carry on business at Amrit-sar. On 2nd December, 1946 the appellant firm agreed to purchase ten bales of American cloth from the respondent firm on certain terms. The contract included an arbitration agreement reading-

(3.) THE question therefore arises whether this foreign award can be enforced in our country by an application under the Indian Arbitration Act or by following some other procedure. The Indian Arbitration Act is completely silent on this matter. Foreign awards are dealt with in the Arbitration (Protocol and Convention) Act, Act vi of 1937. Under this Act foreign awards can be enforced by filing them in Indian courts, and Section 7 lays down conditions under which they can or cannot be enforced. This Act, however, has no application to the present case. This Act was enacted to implement the Protocol on Arbitration Clauses and the Geneva Convention to which India was one of the signatories. It is not the respondents' case that pakistan as such is a signatory to this Protocol or Convention. In view of the fact that Pakistan at that time formed part of India, it may be said that Pakistan is also a signatory to this Protocol and Convention qua other countries who are signatories to this Convention. It cannot be said qua each other that India and Pakistan are signatories to this protocol and Convention to make it possible for a Pakistani award to be considered to be an award within the 1937 Act in India. I, however, need not discuss this matter at great length as admittedly this award in the present case was not filed in the Amritsar Court under the 1937 Act, and, therefore, the provisions of this Act are of no assistance in deciding the present appeal and must be ignored.