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1968 Supreme(Del) 32

I.D.DUA, T.V.R.TATACHARI
MEHTA TEJA SINGH AND COMPANY – Appellant
Versus
FERTILIZER CORPORATION OF INDIA LIMITED – Respondent


Advocates Appeared:
C.M.OBEROI, T.P.S.CHAWLA

I. D. Dua, C. J.

( 1 ) THESE three appeals (F. A. OS Nos. 54-D, 55-D and 56-D of 1964) and three revisions (C. Rs. Nos. 59-D, 60-D: and 61-D of 1964) have been placed before us pursuant to the order of reference dated 26/10/1967. Two questions, as mentoned in the referring order, fall for our decision : (1) whether under section 16 of the Arbitration Act No. 10 of 1940 (hereafter called the Act), it is open to the Court to remit a part of an award and, (2) whether in such a case, an appeal lies under section 39 (1) (vi) of the Act. Incidentally the third question which may have to be answered is, if no appeal is held to lie in such a case, can this Court entertain a revision against such an order. It may be pointed out that by way of abundant caution, the appellant has also preferred three revisions so that in case appeals are held to be incompetent, no prayer need be made to conevrt those appeals into revisions and the revisions may themselves be decided on the merits, if held competent.

( 2 ) ALL the three cases, it may be observed, relate to a single award given by Shri B. K. Khanna on 14/10/1961 with respect to three contracts between Messrs Mehta Teja Singh and Co. and the Fer


































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