CAMPBELL AND CO Vs. JESHRAJ GIRIDHARI LALL

JUDGEMENT

(1.) In this case a preliminary point has been taken that there is no right of appeal.

(2.) An application was made before Mr. Justice Greaves by the present appellants, and they obtained a Rule calling upon the opposite party to show cause why the award made in these matters should not be taken off the file and set aside, or why, in the alternative and without prejudice to the petitioners, the said award should not be remitted, and why an injunction should not be awarded against the opposite party restraining them and their assignees, servants and agents, until the further order of this Court, from executing the said award.

(3.) As I understand, the award had been made against the petitioners, and it had been sent by the arbitrator to the Registrar, who, in accordance with the rules, filed it I ought to have said that the arbitration was under the Indian Arbitration Act, 1899, which applies to the Presidency Towns, and so to Calcutta, The rule which applies is Rule 12 of Chapter XXIII of the Original Side Rules, which is as follows: Where the arbitrators or umpire have been requested to file the award, they shall cause the award or a signed copy thereof to be filed in Court in accordance with Section 11(2) of the Act, by forwarding the same (together with the necessary Court-fees for filing) under a sealed cover addressed to the Registrar, with a letter requesting that the award be filed." That, as appears from the rule, is done in pursuance of the provisions of Section 11, Clause (2), of the Indian Arbitration Act; and, that clause provides, "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 shall be given to the parties by the arbitrators or umpire."