JUDGMENT - 1. This is an application under Section 14(2) of the Arbitration Act, 1940, for an order directing the first Respondent, who was appointed an arbitrator under S. 19 of the Defence of India Act, 1939, to file in the Court an award made by him on 12th August 1967.

2. The first Respondent did not appear at the hearing of the application. The learned Advocate General, however, who appeared for Respondents Nos. 2 and 3, raised a preliminary objection to the maintainability of the present petition. He submitted that the Court has no jurisdiction to order the first Respondent to file the Award for two reasons, firstly, S. 19(1) (g) of the Defence of India Act excludes the operation of the Arbitration Act to arbitration held under Section 19 of the Defence of India Act, and secondly, even assuming that the Arbitration Act applies to such arbitrations, by reason of Section 46 of the said Act, the provisions of Section 14(2), being inconsistent with the provisions of the said Section 19 and rules made thereunder, will not apply to an award made under the said Section 19. Mr. Thakker, the learned Counsel for the petitioner, disputed the validity of both these contentions and maintai

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