53 of 1951.
While this suit was pending, the arbitrator who had meantime left for Hong Kong sent to the companyrt of the Additional Subordinate Judge of Ranchi before whom the suit was pending a companyy of the award duly signed by him, for being filed as provided in the Act.
The appellant filed objections thereto, and the petition was then registered as Title Suit No.
367 of 1953.
132 and 133 1 of the Constitution, and hence this appeal.
17 and 20 of the Indian Arbitration Act, 1940, for a decree in terms of the award.
Appeal from the judgment and order dated October 5, 1956, of the Patna High Court in Miscellaneous Appeal No.
A. W. S. Smith.
The arbitrator made his award on June 4, 1948, and sent a companyy thereof to the parties.
Notices were issued by the companyrt under s. 14 2 of the Act, and, in answer thereto, the appellant filed an application to set aside the award on various grounds.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
They entered into three companytracts for the companystruction of aerodrome, hangarettes, buildings, stores and other works at Ranchi, the first of them being companytract No.
The respondents thereupon filed a petition under ss.
The appellant is the State of Bihar, and the respondents are a companypany registered under the Indian Companies Act, doing business as building companytractors.
K. Jha and R. C. Prasad, for the Appellant.
C. Setalvad, Attorney General for India, N. De and P. Mukherjee, for the respondents.
To this, the respondents filed their reply statement.
After the above works were companypleted, disputes arose between the parties over the bills and eventually by an agreement dated February 6, 1948, they were referred to the arbitration of one Col.
209 of 1959.
21 of 1942 dated November 5, 1942, and the other two being companytracts Nos.
After an elaborate trial the Additional Subordinate Judge, Ranchi, passed a decree in terms of the award except as to a part which he held to be in excess of the claim.
The appellant took the matter in appeal to the High Court of Patna which companyfirmed the decree of the Subordinate Judge but granted a certifi cate under Arts.
The Judgment of the Court was delivered by VENKATARAMA AIYAR, J. This is an appeal against the Judgment of the High Court of Patna in an appeal under the Arbitration Act, 1940.
6 and 8 dated April 5, 1943.
April 7.
