Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss. 14 (2) 31 (3) and (4) Indian Arbitration Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration Act, 1940 (10 of 1940) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Arbitration Act (II of 1940), ss. 14 (2), 31 (3) and (4) --Filing of award--Umpire handing over award to parties--Filing in Court by party--Necessity of authorisation of arbitrator or umpire--Award filed in two Courts--Exclusive jurisdiction of Court in which award was filed earlier-Filing award after arbitration is complete--Applicability of s. 31 (4)--"In a reference", meaning of. The mere filing of award in Court by a party to it without the authority of the arbitrator or umpire is not a sufficient compliance with the terms of s. 14 of the Indian Arbitration Act, 1940, nor can it be inferred from the mere handing over of the original award by the umpire to both the parties that he authorised them to file the same in Court on his behalf; that authority has to be specifically alleged and proved. The phrase "in a reference" in s. 31, sub-s. (4), of the Indian Arbitration Act 1940, is comprehensive enough to cover an application first made after the arbitration is completed and a final award made, and the sub-section vests exclusive jurisdiction in the Court in which an application for filing an award has been first made nuder s. 14 of the Act. The respondent who was a party to an award filed its application before the Subordinate Judge of Gauhati under s. 14 (2) of the Indian Arbitration Act, on the 10th August, 1949, praying that the umpire may be directed to file the award in Court and upon this notice was issued to the umpire to file the award in Court before 24th August, 1949. As the original award had been handed over to the parties, the umpire sent by post on the 18th August, 1949, a copy of the award signed by him. The Court directed the respondent to file the original award in Court and he did so on the 3rd September, 1949. Meanwhile the appellant's solicitors sent to the Registrar of the Calcutta High Court Original Side, on the 17th August, 1949, the original award for being filed in Court and the award was filed on the 29th August. |
Judge | Hon'ble Mr. Justice B. Jagannadhadas |
Neutral Citation | 1953 INSC 38 |
Petitioner | Kumbha Mawji |
Respondent | Union Of Inida |
SCR | [1953] 1 S.C.R. 878 |
Judgement Date | 1953-04-16 |
Case Number | 133,134 |
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