MANAGING DIRECTOR Vs. SYED AND CO

JUDGEMENT

(1.) THIS Civil 1st appeal arises out of arbitration proceedings conducted in the court of District Judge, Srinagar. A petition under section 20 of the J&K Arbitration Act was moved by M/s Syed and Co., respondent herein, for referring certain disputes to arbitration. The court appointed Sh. M. S. Zaroo as Arbitrator on 4 -11 -75. The said Arbitrator was appointed by the mutual consent of the parties. The arbitrator submitted his award on 31 -12 -1975 and filed it in the court on the same day. When the award was filed the court issued notice to the parties for filing their respective objections and posted the case on 5 -1 -1976. Thereafter on 7 -1 -76 the learned court made the award rule of the court without waiting for objections. Thus a decree was passed in pursuance of the award. Aggrieved by this order the appellant has come up in appeal before this court. Page miss(568) tes an omission by the court to follow the procedure and amounts to refusal to set aside the award and even an appeal would lie against that decree.

(2.) WE are, therefore, of the view that the judgment given by the court below suffers from serious legal infirmity. The procedure adopted by the trial court violates the fundamental provisions of Sec. 14 and 17 of the Arbitration Act. Mandatory provisions of law have been ignored and violated. In this view of the matter the order and the decree of the court below stand vitiated. Again, it is noticed that the interim order dated 5th of January which records the presence of the petitioner is not in the hand of the presiding officer nor it is signed by him. An affidavit has been filed by the petitioner in which he has affirmed that on this date he was away from the State and therefore he could not be said to have been present in the court on that day. There is no counter affidavit filed by the respondent. This makes the whole matter suspicious and fussy.

(3.) THE result is that the revision is allowed and the order and the decree of the court below are hereby set aside. The case is sent back to the District Judge for fresh disposal according to law. The learned District Judge will give 30 days clear notice to the parties to file their objections to the award and after observing procedure as laid down in the Arbitration Act will proceed to pronounce judgment in the case. The petitioner will be entitled to the costs of this petition. Parties are directed to appear before the court below on 28th of November, 1977.