MANJI RAMJI Vs. HMMEHTA AND CO

JUDGEMENT

(1.) This is an appeal against an order made by Mr. Justice Chagla in chambers dismissing an application to set aside an order made by the Prothonotary and Senior Master transmitting a certified copy of an award dated July 30, 1938, to the District Court of Ajmer for execution.

(2.) The facts giving rise to the application are these. On July 30, 1938, the award in question was made, and on August 6 notice was given to the parties of the filing of the award under Section 11 of the Indian Arbitration Act of 1899. On December 5, 1940, the award was filed in this Court. On May 14, 1942, an application was made to the Prothonotary & Senior Master to transfer the award for execution to the District Court of Ajmer, and such an order was made on June 25. On April 7, 1943, a summons was taken out for setting aside that order of the Prothonotary, and it is against the dismissal of that summons that this appeal is brought.

(3.) The arbitration took place under the old Arbitration Act of 1899, and the two sections of that Act, which are relevant for the present purpose, are Section 11 and Section 15. Section 11 provides that when the arbitrators or umpire have made their award, they shall sign it and shall give notice to the parties of the making and signing thereof and of the expenses of the arbitration. Then Sub-section (2) provides that the arbitrators or umpire shall, at the request of any party to the submission or any person claiming under him, and upon payment of the fees and charges due in respect of the arbitration and award, and of the costs and charges of filing the award, cause the award, or a signed copy of it, to be filed in the Court; and notice of the filing is to be given to the parties by the arbitrators or umpire. Then Section 15 deals with enforcement of the award, and provides that an award on a submission, on being filed in the Court in accordance with the foregoing provisions, shall (unless the Court remits it to the reconsideration of the arbitrators or umpire , or sets it aside) be enforceable as if it were a decree of the Court. At the time when this award was made those were the provisions in operation, and it was open to the parties to enforce the award as a decree of the Court, after it had been filed. The difficulty, which has arisen, is that the Arbitration Act of 1940 came into operation on July 1, 1940, having received the Governor General's assent on March 11, 1940, so that it came into operation before this award was filed, which, as I have said, was on December 5, 1940.