TMI Blog1962 (4) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... August 17, 1943 and issued under Rule 75A of the Defence of India Rules, 1939, the warehouses were requisitioned and possession thereof was taken on September 21, 1943. As the amount of compensation payable to the owner of the warehouses could not be fixed by agreement an Arbitrator was appointed under s. 19(1)(b) of the Defence of India Act, 1939. Before the Arbitrator, Sri Hanuman Seva Trust claimed compensation as owners of the warehouses. The appellant claimed compensation for loss of earnings, ,'damage to business and cost of removal of 18,000 maunds of jute and some iron implements, which the appellants claimed had to be removed in consequence of the order of requisition. The appellants estimated the compensation at Rs. one lak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Save as provided in this section and in any rules made thereunder, nothing in any law for the time being in force shall apply to arbitrations under this section. Sub-section (3), in so far as it is material, provides :- (3) In particular and without any prejudice to the generality of foregoing power, such rules may prescribe :- x x x (c) the maximum amount of an award against which no appeal shall lie. By notification dated March 22, 1945, Rules were framed under s. 19 relating to arbitration for settlement of compensation. Rule 19 of the Rules provided : 19. Any appeal against the award of the Arbitrator shall be presented within six weeks from the date of receipt by the Collector the party by whom the appeal is preferre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdinate to the High Court, an appeal would lie only if it is expressly so provided. The Legislature has provided that where the amount of compensation awarded does not exceed ₹ 5,000/- no appeal shall lie against the award. The rule does not contemplate that the bar to the maintainability of the appeal will be effective only if some amount is awarded but the compensation go awarded is less than ₹ 5,000/-. If the Arbitrator rejects the claim and refuses to award anything the case would, in our judgment, fall within the 2nd proviso to Rule 19 as being one where the amount of compensation awarded does not exceed ₹ 5,000/-. The 2nd proviso to Rule 19 enacts a rule of which a parallel is difficult to find. The right to appeal d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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