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1966 Supreme(All) 175

V.G.OAK
Union of India – Appellant
Versus
Rup Kishore – Respondent


Advocates:
D. Sanyal, for Applicant; K.C. Agarwal, for Opposite Parties.

Judgement

ORDER :- The question for consideration in this Civil Revision is whether a certain civil court in district Moradabad is competent to dispose of an objection against an award. The question arises under the following circumstances.

2. Rup Kishore is a contractor of district Moradabad. There were certain disputes between Rup Kishore on one side and the Union of India and the Deputy Chief Engineer, Northern Railway, on the other side. On 1-6-1963 Rup Kishore applied to the court of the Civil Judge Moradabad for referring the dispute to arbitration under section 20 of the Arbitration Act (hereinafter referred to as the Act). In pursuance of that application, the learned Civil Judge made a reference to arbitration. Later the case was transferred from the file of the Civil Judge, Moradabad to the file of the Judge, Small Cause Court, Moradabad, who had powers of an Additional Civil Judge. The Arbitrator gave his award on 14-5-1965. The award was submitted to court. On 5-7-1965 the Union of India filed an objection against the award. On 4-8-1965, the case was transferred from the file of the Judge, Small Cause Court, Moradabad to the file of the Additional Civil Judge, Moradabad.















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