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1988 Supreme(SC) 310

K.JAGANNATHA SHETTY, SABYASACHI MUKHARJEE
Madhao S/o Shrihari Deshpande – Appellant
Versus
Madhav S/o Trimbak Dharmadhikaree – Respondent


Advocates:
B.K.SATIJA, N.M.GHATATE, S.S.Khanduja, S.V.DESHPANDEY, Y.P.DHINGRA, Y.S.Dharmadhikari

Judgment

SABYASACHIMUKKARJI, J. :- In this case notice had been issued- indicating that the matter would be disposed of at the notice stage. The respondent has not appeared.

2. Special leave granted and the appeal is disposed of as hereunder.

3. The only question involved in this appeal is whether the High Court of Bombay, Nagpur Bench, was right in rejecting the revision application summarily when the learned Civil Judge had held that the award was wrongly presented in his Court and he had no jurisdiction to go into the question of validity of the award. The facts are that there was a reference to an arbitrator. The award was filed in the Civil Court at Nagpur and objection was filed against the said award. The short question upon which the learned District Judge dismissed the application was that Nagpur was not the Court which had jurisdiction to entertain application. He held in his order, inter alia, as follows :

"Most of the parties to the agreement of reference are the residents of Warora in the District of Chandrapur. On the careful scrutiny of agreement of reference, the Place of execution of the said agreement seems to have been omitted. I am quite unable to understand as to h






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