( 1 ) IN Sugnaram v. Nagappa, ILR (1959) Andh Pra 850 : (AIR 1960 Andh Pra 59) (FB) it has been held at p. 860 (of ILR Andh Pra) ; (at p. 64 of AIR) that if a defendant has not taken steps to have an award filed and gone through the formalities enjoined by the specific provisions of the Arbitration Act, it is not open to him to set up the award as a bar to an action that may be brought against him. Following the above decision, we hold that the learned Subordinate Judge of Kurnool erred in dismissing the suit on the basis of the award which has not been filed into-Court and in respect of which a decree had not been passed. The decision of the Supreme Court in Kashinathasa v. Narasingasa, AIR 1961 SC 1077 has no application to the facts of the case. The learned Judges did not express any final opinion as to whether the view taken by the Madras High Court in Suryanarayana Reddy v, Ven-kata Reddy, AIR 1948 Madras 436 and Raja-manickam Pillai v. Swaminatha Pillai, AIR 1952 Mad 24 or the view taken by the Full Bench of the Andhra Pradesh High Court in ILR 1959 Andh Pra 850 : (AIR 1960 Andh Pra 59) (FE) was correct. Shah, J. , observed in the following tems: "it may be sufficient to obse

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