KAMTA PRASAD Vs. KARU CHAND PRASAD SINGH

JUDGEMENT

(1.) This civil revision petition is against an order dated 23rd Aug., 1985.

(2.) By the impugned order, the Court directed the award to be returned to the Arbitrator for registration. The validity of this order is being challenged before this Court.

(3.) In this connection, learned Counsel for the petitioner relies on the decisions in Rikhab Dass Vs. Ballabhdas and others, AIR 1962 Supreme Court 551 and in M/s. Pradip Trading Co. Vs. The State of Bihar, AIR 1974 Patna 31. In these decisions, it has been held that an award cannot be returned for registration either under section 16 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') or under Sec. 151 of the C.P.C. (herein after referred to as 'the Code'). I quite agree that the principle has been correctly laid down in these cases.