UNION OF INDIA Vs. BABULAL GUPTA AND ANOTHER

JUDGEMENT

(1.) This appeal arises from the order dated Feb. 15, 1993 of the District Judge Ajmer whereby the award passed by the Arbitrator was made as the Rule of the Court.

(2.) A few relevant facts are required to be set out at the out set. Learned District Judge Ajmer received award dated Feb. 4, 1984 by post on March 30, 1992. Notices were issued by the learned Judge to the parties. Complete service of notices on the parties was effected on Sept. 4, 1992. Counsel for U.O.I. sought time to file objections. On Feb. 11, 1993 an application under section 151 Civil Procedure Code. read with section 14 Arbitration Act was filed by the counsel for U.O.I. stating therein that award was not filed legally. No notice under section 14(1) of the Arbitration Act as well as the evidence recorded, were not produced with the award. Proper stamp fee was also not paid. Therefore it was prayed that proper orders in that regard be passed.

(3.) The learned District Judge observed that award was passed on a stamp of Rs. 40.00 and in the absence of notice under section 14(1) and the evidence, the award was not illegal and could not be rejected. As no body raised objection against the award within a stipulated period of 30 days, the learned judgment made award the rule of the court and passed a decree accordingly on Feb. 18, 1993.