9911796707
TMI Blog1999 (3) TMI 487X X X X Extracts X X X X X X X X Extracts X X X X ..... or and sought for an interim award in respect of item No. 1 with a claim for 18 per cent compound interest from 1-2-1981 to 15-3-1992. The arbitrator, by award made on 26-11-1992, awarded a sum of Rs. 7.45 lakhs in respect of item No. 1 with interest at 18 per cent compound yearly from 1-2-1981 to 15-3-1992. On 28-1-1994 the arbitrator made another award inclusive of item No. 1 and awarded a sum of Rs. 3.75 lakhs and interest at 12 per cent per annum with effect from 1-2-1981 to 15-3-1992 on the amount and also in respect of other claims. The appellant made an application under section 14 of the Arbitration Act, 1940 ('the Act') for making the awards dated 26-11-1992 and 28-1-1994 as the rule of the Court. The trial Court made the award as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... make and sign the award and it is valid in law if he does so and merely because no notice has been given to the parties, it cannot be held to be invalid and notice to the parties could be postponed. The requirement of making and signing the award simultaneously is sufficient to result in binding award. It was next contended that the view of the High Court that the arbitrator himself superseded the award made on 26-11-1992 by treating it to be an interim award was erroneous and it was submitted that the interim award having been made and being final in character, it was not open for modification or alteration except in terms as provided in section 13(d) of the Act. 5. The Trial Court adverted to the facts leading to the award being made on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether interim award final to the extent it goes or has effect till the final award is delivered will depend upon the form of the award. If the interim award is intended to have effect only so long as the final award is not delivered, it will have the force of the interim award and it will cease to have effect after the final award is made. If, on the other hand, the interim award is intended to finally determine the rights of the parties, it will have the force of a complete award and will have effect even after the final award is delivered. The terms of the award dated 26-11-1992 do not indicate that the same is of interim nature. 7. Section 14 of the Act provides that when the arbitrator or umpire has made his award, he shall sign it and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the scope of section 14, it was held as follows : ". . . .the award becomes valid and final, so far as the arbitrators or umpire are concerned, the moment it is made and signed by them. The provision for giving notice in writing to the parties of making and signing thereof and of the amount of fees and charges payable in respect of the arbitration and the award is for the purpose of limitation under article 178 of the Limitation Act, entitling either party to apply to the Court for the filing in court of the award. No time is fixed for the giving of such notice by the arbitrator and it has been held in several cases that it may be done within reasonable time either by the arbitrator or by his agent. A notice may be given to one party ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view was followed by the Andhra Pradesh High Court in Badarla Ramakrishnamma v. Vattikonda Lakshmibavamma AIR 1958 AP 503. Again in Ram Bharosey v. Peary Lal AIR 1957 All. 265 it was observed as under : "It is true that in the present case the arbitrators did not give notice to the parties of the making and the signing of the award. But the arbitrators after making and the signing the award, filed it in the Court. The validity of the award does not depend upon the notice of the same being given to the parties. When an award is duly made, signed and filed in Court it is a valid document." (p. 265) 10. This position was reiterated in Asad-ul-lah v. Muhammad Nur ILR 27 All. 459(A) and it was held that : "For the making of an award, it is en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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