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2010 Supreme(Del) 22

RAJIV SAHAI ENDLAW
NATHU LAL VAISHI – Appellant
Versus
G. S. KAMAL ADVOCATE – Respondent


Advocates appeared:
Mr. V.B. Andley, Sr. Advocate with Mr. Rajinder Mathur, Advocate
Mr. Hem Kumar, Advocate for Respondent No.2.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. This appeal under Section 39 of the Arbitration Act, 1940 (hereinafter called the “Act”) is preferred against the judgment/order dated 6th February, 1995 of the Additional District Judge dismissing the petition filed by the arbitrator/respondent no.1 herein under Section 14 and 17 of the Act for making the arbitration award dated 17th September, 1992 a rule of the Court. The said arbitration was between the appellants on the one hand and the respondent no.2 on the other hand. Neither of the parties preferred objections to the arbitral award before the Additional District Judge. The respondent no.2 has not opposed the present appeal also. Notwithstanding, there being no objection to making the award a rule of the court, the Additional District judge dismissed the petition inter alia on the ground that the arbitration award was contrary to law and also being required to be registered and being not registered could not be made a rule of the court. Aggrieved there-from the appellants have preferred this appeal.

2. As per the arbitration record, forming part of the record of the court of Additional District Judge summoned in this court, the appellant












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