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S.B. MAJMUDAR AND S. SAGHIRAHMAD, JJ.
BHARAT COKING COAL LIMITED – Appellant
Versus
H.P. BISWAS AND COMPANY – Respondent
Civil Appeal No. 3504 of 1992,
Decided on August 22, 1997
Arbitration Act - Appointment of Arbitrator - Court's Direction to File Award with Trial Court
Fact of the Case:
An award was filed by the arbitrator appointed by the Court in a proceeding arising out of Section 8 of the Arbitration Act before the trial court. The Court directed the original award and records to be sent to the Court of First Sub-Judge, Dhanbad, Bihar.
Finding of the Court:
The Court directed the trial court to issue notice to the concerned parties and allowed 30 days for objections under Section 30 of the Arbitration Act. The trial court was instructed to decide on objections and dispose of the proceedings within six months.
Issues: Appointment of arbitrator by the Court, filing of award with the appropriate court, objections under Section 30 of the Arbitration Act, and timeline for disposal of proceedings.
Ratio Decidendi: The Court emphasized the proper filing of the award with the appropriate court and the timeline for disposal of proceedings as per the Arbitration Act.
Final Decision: The appeal was disposed of with the direction to send the original award and records to the Court of First Sub-Judge, Dhanbad, Bihar, and for the trial court to proceed with issuing notice, addressing objections, and disposing of the proceedings within six months.
ORDER
1. In this civil appeal an award has been filed by the arbitrator appointed by this Court in a proceeding arising out of Section 8 of the Arbitration Act before the trial court. However, as the appeal arises out of the proceeding under the aforesaid section before the trial court, the appointment of the arbitrator by this Court was in substitution of the earlier order passed by the trial court. Hence the appropriate court in which the award is to be filed will be the Court of First Sub-Judge, Dhanbad. Therefore, the Registry is directed to send the original award as well as the entire records to the First Sub-Judge, Dhanbad, Bihar.
2. On receipt of copy of this order, the original award and the records by the trial court notice will be issued to the parties concerned by the trial court and within 30 days of receipt of such notice objection, if any, under Section 30 of the Arbitration Act will be filed by the objector concerned. Thereafter the trial court will proceed further in accordance with law. The trial court shall decide the objections, if any, of the parties concerned to the request for making the award a rule of the court. The trial court will dispose of the proceedings at an early date preferably within a period of six months from today. The appeal is disposed of accordingly. No costs.
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