AMAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of the judgment of Senior Sub-Judge, Solan, in case No. 1/2/77 decided on 27-6-1978 thereby dismissing the objections of the appellant against the award and making the award dated 2-9-1977 for Rs. 20091.77 as rule of the court and passing a decree to the aforesaid extent in favour of the State of Himachal Pradesh. The appellant has a grievance against this judgment and assails the same by way of this appeal.

(2.) THE facts, in brief, are that an agreement was executed between the parties from 10-6-6 5/12/1965 regarding the sale of fertilizer. On expiry, it was not renewed and the transaction continued. In accordance with the terms of the agreement, the matter was to be referred to an Arbitrator in case of a dispute between the parties, Such a dispute arose and the matter was taken in for arbitration. THE Arbitrator gave the aforesaid award and it came to the court for making it the rule of the court and passing a decree executable as such.

(3.) THE present case is absolutely similar to the case referred to above, as is apparent from the agreement (Ex.PA), and the case is thus covered by the aforesaid judgment. Applying the principles laid down by the Apex court in AIR 1967 SC 203 (K.P. Chowdhry v. State of Madhya Pradesh) and AIR 1968 SC 1218 : 1968 All LJ 745 (Mulamchand v. State of Madhya Pradesh) as well, the result is that there is no valid enforceable agreement between the parties in this case. THE matter could not have been referred to the Arbitrator and the proceedings before him as well as the Court below are without jurisdiction and non est.