ORDER

Civil Appeal No. 2109 of 1978

1. Heard counsel for the parties. Even if it is assumed for the sake of argument that a charge was created by the award made by the arbitrator, it cannot be said to be effective in law. The charge becomes effective only when the award is made a rule of the court and that was done in this case on 24-11-1970 whereas the attachment by the Tax Revenue Officer under the provisions of Schedule II to the Income Tax Act, 1961 was earlier, i.e., on 4-11-1970. In this view of the matter, the High Court was right in taking the view it did.

2. Appeal is accordingly dismissed. No costs.

Civil Appeal No. 1083 of 1980

3. The appellant had instituted a suit against a third party for recovery of money. In that suit, the matter was referred to arbitration. The arbitrator passed an award in the year 1966 in which he is stated to have, inter alia, created a charge on the properties of the said third-party borrower in favour of the appellant. The appellant applied for making the award a rule of the court. The borrower contested the same but ultimately there was a compromise between them. The Court made the award a rule of the court in terms of the compromise by its o