TaxTMI 
TaxTMI 
1996 (1) TMI 485
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....covery of the amount covered by the award-decree by way of attachment. (3) The facts of the case are as follows: (4) Pursuant to a contract entered into by the respondent contractor with the Union of India (appellant- judgment debtor), an arbitrator was appointed on 2.5.1988 to adjudicate upon the disputes. The person so appointed was Shri N.H. Chandwani who was then on 'deputation as Arbitrator' in the Ministry of Urban Development. In fact, Shri Chandwani was appointed in place of Shri J.D. Chopra who was working as Arbitrator earlier and who had resigned. Shri Chandwani passed the award on 5.12.90 and the award was made a rule of Court on 3.8.93 as no objections were filed by the Union of India. (5) In the execution proceeding....
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....appeal is not maintainable under Order 43, Rule I Civil Procedure Code as Section 47 is not included in the definition of decree. Appeal is not maintainable under any other provision, it is contended. (9) The following questions arise for consideration: (1) Whether this appeal under Section 10 of the Delhi High Court Act or Letters Patent (Lahore) is maintainable ? (2) Whether the reference to Mr. N.H. Chandwani was because of his status and posting as an Arbitrator on deputation in the Urban Development Ministry and if so whether upon ceasing to function as Arbitrator in that post, w.e.f. 30.11.90, he could have passed an Award on 5.12.90 ? (3) Whether it was open to the Union of India, as a judgment-debtor, to raise the question th....
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....s to the root of the matter. It is true that an adjudication by the learned Single Judge on such an issue in the present Ea may not amount to a 'decree' because of the deletion of Section 47 from the definition of decree in Section 2(2) CPC. But the real question is whether the 'order' passed by the learned Single Judge in this Ea amounts to a 'judgment' within the meaning of Section 10 of the Delhi High Court and also 'judgment' under the Letters Patent (Lahore) as applicable to Delhi High Court. The matter before us has arisen from the Original Side of this Court. (14) The leading judgment of the Supreme Court in this behalf is the one in Shah Babulal Khimji's case [1982]1SCR187 . It was laid down ther....
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....cified post called 'arbitrator' in the Ministry of Urban Development. This is clear from the order dated 20.11.90 prospectively releasing him as arbitrator w.e.f. 30.11.90. The office order reads as follows: "IN pursuance of the orders issued in this Ministry office order No. 150112/50 Ed.) dated 5th November, 1990. Shri N.H. Chandwani at present on deputation as Arbitrator in this Ministry is released on his duties on the afternoon of 30th November, 1990 with instructions to report for duty as Member, Appropriate Authority, Income Tax Department, Calcutta immediately." 2.' It has also been decided that in respect of arbitration cases which have been heard and are ripe for giving award Shri Chandwani should give aw....
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.... appeal against the Order rejecting objections and if that was not done, it was not open to raise the question in execution proceedings. This contention, in our view, is not correct. That Section 47 applies to execution proceedings taken pursuant to a decree making an award a rule of Court cannot be doubted. The decided cases, referred to below, also hold it is open to the executing court under Section 47 to declare that the award is passed without jurisdiction and that Therefore the decree passed thereupon is also null and void and not executable. (See in this connection: Ran Singh vs . G.A. Coop Service Society, Sabawwa Hanmappa vs. Basappa Andemappa ( 2nd 1955 Bombay 386); E.D. Sasson and Co. Ltd. - Shivji Ram - Devi Das - Judgment-debto....