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1961 Supreme(All) 6

V.G.OAK
BALA PRASAD – Appellant
Versus
JAGANNATH PRASAD SHARMA VAKIL – Respondent


Advocates Appeared:
S.B.L.GAUR, SWAMI DAYAL

V. G. OAK, J.

( 1 ) THESE two connected appeals under the Court Fees Act have arisen out of a proceeding under the Indian Arbitration Act, 1940.

( 2 ) ON 1-10-1959 Sri Jagannath Prasad Sharma filed an application in the Court of the Civil judge, Agra under Section 14 of the Indian Arbitration Act (hereinafter referred to as the Act ). According to this application, there were certain differences among the three opposite parties. The matter was referred to Sri Jagannath Prasad Sharma as arbitrator. He gave his award on 20-6-1959. Opposite Party No. 1 (The Central Finance anid! Housing Company Limited)requested the arbitrator to file his award. The arbitrator filed the award accordingly for necessary action by the Court. The case was registered; and notices were issued as laid down in Section 14 of the Act.

( 3 ) OPPOSITE Party No. 1 supported the application by the arbitrator, and requested the Court to pass a decree in terms of the award. Nand Kumar Misra and Bala Prasad, opposite parties Nos. 2 and 3, filed objections. On each of the two objections the Munsarim of the Court wrote down a report to the effect that, the objector must pay Rs. 200 towards court fee on the objection. On
















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