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PETITIONER: KUMBHA MAWJI
Vs.
RESPONDENT: UNION OF INDIA
DATE OF JUDGMENT: 16/04/1953
BENCH: JAGANNADHADAS, B. BENCH: JAGANNADHADAS, B. MAHAJAN, MEHR CHAND BOSE, VIVIAN
CITATION: 1953 AIR 313 1953 SCR 878 CITATOR INFO : E 1970 SC 189 (5) E 1981 SC2075 (22)
ACT: Indian Arbitration Act (II of 1940), ss. 14 (2), 31 (3) and (4) --Filing of award--Umpire handing over award to parties--Filing in Court by party--Necessity of authorisation of arbitrator, or umpire--Award filed in two Courts--Exclusive jurisdiction of Court in which award was filed earlier--Filing award after arbitration is complete--Applicability of s. 31(4) ---In a reference", meaning of.
HEADNOTE: The mere filing of award in Court by a party to it without the authority of the arbitrator or umpire is not a sufficient compliance with the terms of s. 14 of the Indian Arbitration Act, 1940, nor can it be inferred from the mere handing over of the original award by the umpire to both the parties that be authorised them to file the same in Court on his behalf ; that authority has to be specifically alleged and proved. The phrase "in a reference" in s. 31, sub-s. (4), of the Indian Arbitration Act, 1940, is comprehensive enough to cover an application first made after the arbitration is completed and a final award made, and the sub-section ves...