2003 (10) TMI 682

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....utes arose and as a result of which they entered into an agreement to refer the dispute to the Arbital Tribunal for deciding the partition of the Joint Hindu properties. Although the agreement postulated the Arbitral Tribunal of five persons, it is not disputed that there were only four persons who comprised the Tribunal. The Tribunal gave an Award on 31st May, 1998, which was subsequently correct....

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....  (4) That the Award is not supported by reason, as such, bad U/s. 31 of the Act;  (5) That the Arbitrators have not acted impartially and played fraud on the parties; and (6) That the Award is inadmissible and unenforceable in law for want of proper stamp duty and registration. The Principal Sub-Judge, Hyderabad, by an order dated 4th August, 2000 rejected the said petitions.....

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....owever, Shri V.K.. Reddy, learned senior counsel appearing for the respondents, urged that the Award did create rights in favour of the parties and as such it required registration and the view taken by the High Court is in conformity with law. After we heard the matter, we are of the view that in the present case this issue was not required to be gone into at the stage of proceedings under Sec....

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....s entirely an exercise in futility. The question whether an Award requires stamping and registration is within the ambit of Section 47 of the Code of Civil Procedure and not covered by Section 34 of the Act. For the aforesaid reasons, the judgment under challenge deserves to be set aside. Consequently, it is set aside. The appeals are, accordingly, allowed. Since the High Court has not dealt....