JAYANT R TAUNK Vs. HEMANI H PATEL

JUDGEMENT

(1.) THIS appeal is directed against an order dated 30th April, 1983 passed by the Subordinate Judge, Jamshedpur in Misc. Case No. 14 of 1981 by reason of which the learned court below has rejected the petition filed by the appellant under Section 33 of the Arbitration Act (hereinafter referred to as the Act).

(2.) BEFORE narrating the event of facts, it is necessary to mention some salient feature of the present case. After the arbitrators submitted their award in the court on 24-6-1981, an application was filed by the respondent No. 4 to make the awatd as Rule of the Court. This application was filed on 29-6-1981. Title Suit No. 39 of 1981 was registered and notices were directed to be issued under registered cover to the parties.

(3.) THE appellant instead of curing the defect in the said petition filed a petition under Section 33 of the Act on 14-12-1981 and Misc. Case No. 24 of 1981 was registered. On 5-11-1981, the respondent No. 4 filed a petition drawing attention of the court that notice of filing of the award in court was personally served on the appellant on 24-6-1981. An affidavit was filed. Subsequently by the appellant stating therein the reasons for not verifying the petition under Section 30 of the Act.