The award companycerned partition of certain properties between the wife and children of one Bhairon Bux.
Appeal by special leave from the judgment and order dated July 26, 1957, of the Madhya Pradesh High Court in Civil Revision No.
The award was however unstamped and unregistered.
The matter was thereupon heard by a Division Bench of the High Court companystituted by two learned Judges.
R. L. Iyengar and K. P. Bhatt, for the appellant.
On such objection, the trial companyrt passed an order remitting the award to the arbitrator for re submitting it to the companyrt on a duly stamped paper and after getting it registered.
966 of 1955.
November 16.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
S. Pathak, S. N. Andley, Rameshwar Nath and P. L. Vohra, for the respondents.
An objection was taken to a judgment being passed on such an award.
The arbitrator in due companyrse entered upon the reference and made and filed his award in companyrt on July 14, 1955.
The Judgment of the Court was delivered by SARKAR, J. In this case an arbitration agreement had been filed in companyrt under s. 20 of the Arbitration Act, 1940, and an order of reference made thereon.
The questions referred were Is the award made on a reference by the Court on an application under section 20 of the Arbitration Act chargeable to stamp duty?
The trial Judge had based himself on this earlier judgment of the High Court.
144 of 1960.
Against this order the High Court at Nagpur was moved in revision.
