AIR 1959 ALLAHABAD 777 ::ILR (1959) 2 All 328

Allahabad High Court

Hon'ble Judge(s): M. N. Beg, V. D. Bhargava , JJ

(A) Arbitration Act (10 of 1940) , S.39, S.14— Application u/S.14 - Award filed - Objections invited and considered - Application to file award finally rejected - Order held amounted to setting aside award and was appealable. An application under S. 14 of the Arbitration Act was filed in the trial Court. The award was filed in Court as a result of that application, and objections to the said award were invited. Thereafter one of the parties filed objections and the Court adjudicated on those objections after going into the matter. The Court finally dismissed the application for filing the award. Held that the order of the trial Court amounted to an order setting aside the award and would, therefore, be appealable. Anno : AIR Man. Arbi. Act, S. 39 N. 6. (B) Arbitration Act (10 of 1940) , S.3, Sch.I Para.3— Arbitrator entering upon reference but subsequently refusing - Another arbitrator appointed and this arbitrator making award within four months of his entering upon reference but beyond four months from date when first arbitrator entered in reference - Award is within time. An award would be within time if the arbitrator who entered on the reference has made the award within four months of the date of his entering on the refere....