TMI Blog1996 (1) TMI 463X X X X Extracts X X X X X X X X Extracts X X X X ..... , by mutual consent was referred to arbitration. Dinubhai Motibhai Patel, an Advocate was selected as Arbitrator by the parties. The dispute was referred to the Arbitrator on 21st May, 1985. The Arbitrator made his Award on 26th February, 1986 and gave intimation of the Award to all the parties. Thereafter on 24.4.1986 Chandrakant Dave, an Advocate wrote to the Arbitrator on behalf of the appellants : You have recently given an award as an Arbitrator between my clients and the heirs of his deceased brother Shri Ishwarbhai Naranbhai Patel with regard to the properties and present distribution adhered in some of the representation made by our clients have not considered and thereby my clients hereby raise written objection against the awar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ishwarbhai Patel, the fourth respondent herein, instituted a suit in the City Civil Court at Bombay in which one of the prayers was for permanent injunction upon the defendants from putting up any illegal or unauthorised construction on the suit property, viz., plot of land being S. No. 61. Hissa No. 5, Part, admeasuring 1932 sq. yards and industrial shed and also plot of land bearing S. No. 22, Hissa No. 1, Paret, admeasuring 295 sq. yards situated at Valnai, Ramachandra Lane Extension, Malad (West), Bombay. 5. The plaintiff claimed his right over the suit properties on the basis of the Award dated 26th February, 1986 passed by the Arbitrator. On 5th February, 1992. Motibhai Naranbhai Patel, appellant No. 1, filed his reply raising the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... receiving intimation of making of the Award. The question of making an application Under Section 17 of the Arbitration Act for judgment according to the Award cannot arise until and unless the Award is filed in Court. There is no specific provision in the Arbitration Act casting a duty upon the Arbitrator to file his Award in Court suo moto. Article 119 of the limitation Act lays down a time limit for making an application for filing the Award in Court or for setting aside the Award or getting the Award remitted for reconsideration. In the instant case, the Arbitrator has not merely filed the Award in Court, he has also made an application (Miscellaneous Civil Application No. 19/1992) in the Court of Civil Judge (S.D.). Anand, Under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act on 14th February, 1992 and the Award should be made the rule of the Court and that a decree in terms of the Award be passed. The Civil Judge ultimately passed the following order : Applications are allowed. Award is hereby declared and made the rule of the Court. In other words, the Civil Judge allowed the applications for filing of the Award and passed an order in terms of the Award. 9. Under Sub-section (2) of Section 14, a duty is cast upon the arbitrator to file the award or cause the award to be filed in the court at the request of the party to the arbitration agreement or if so directed by the court. There is no provision which requires the arbitrator to apply to the court for filing of the award and pass a decree in term ..... X X X X Extracts X X X X X X X X Extracts X X X X
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