PARKASH CHAND BINDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned counsel for the petitioner-appellant has challenged the order of the Additional District Judge, Amritsar. The appeal against the judgment of the Sub-Judge was dismissed as not maintainable because no decree was filed along with the appeal and as the prayer of the appellant in an application that the award be made a rule of the Court granted by the Sub-Judge.

(2.) The question with respect to the maintainability of the appeal arose in the following circumstances. The arbitrator gave an award partially accepting the claim and declining the claim with respect to other items. Application was preferred in court for making the award a rule of the Court and passing the decree in terms of the award.

(3.) The petitioner preferred objection against the award which was challenged on numerous grounds. In the prayer clause in the objection petition, a specific prayer was made that the award be set aside in so far it declined the claim of the petitioner or the award may be remitted to the arbitrator for reconsideration, or the award be set aside in toto. Lastly, a prayer, was made that in case the trial Court does not accept the objection of the petitioner and declines his prayer for remitting the award or setting it aside, then it be made a rule of the Court to the extent it has accepted the claim of the petitioner. The trial Court rejected the objection raised and made the award a rule of the Court. The petitioner challenged the order of the trial Court by way of an appeal under Section 39 of the Indian Arbitration Act which reads as under :-