UNION OF INDIA Vs. SHIBBOO MAL AND SONS

JUDGEMENT

(1.) THIS appeal is directed against the order of the Subordinate Judge Ist Class, Chandigarh, dated 28-4-1987 whereby he allowed the petition filed under Ss.14(2) and 17 of the Arbitration Act, 1940, by respondent No. 1. He made the award the rule of the Court and passed a decree in terms of the same.

(2.) THE facts briefly are that a dispute arose between respondent No. 1 and the appellants in respect of Contract Agreement C E J K 37/76-77, for providing married accommodation for JCOs/HAVs/ORs at Udhampur. In terms of the agreement the dispute was referred for adjudication to the sole arbitrator Lt. Col. K.B. Sethi. THE arbitrator gave the award and sent a copy of the same to respondent No. 1. Respondent No. 1 moved the petition before the Subordinate Judge, Chandigarh for a direction to the arbitrator to file the award in the Court and after the award is filed the same may be made the rule of the Court and a decree in terms thereof may be passed.

(3.) THE appellants have come up in appeal and have raised only one objection that the Civil Court at Chandigarh had no jurisdiction to entertain the petition giving rise to this appeal.