Notices were thereupon issued to both the parties in the following terms To Kumbha Mawji.
83,000 to be similarly paid by the respondent to the appellant.
After some companyrespondence between the Deputy Registrar and the solicitors calling for some further papers, the Deputy Registrar informed the solicitors by his letter dated the 29th August, 1949, that the award had been filed and asked the solicitors to take out from the companyrt and serve on the parties companycerned the statutory numberice fixing a date for judgment upon the said award by the Commercial Judge of the companyrt.
They held that there had been numberproper application under section 14 2 of the Indian Arbitration Act, before the High Court of Calcutta, and that companysequently that Court had numberjurisdiction to deal with the matter.
3,67,000 and Rs.
April 16.
Meanwhile, the respondent after receiving the numberice issued to him by the Calcutta High Court filed, on the 24th of November, 1949, an affidavit dated the 15th of November, 1949, stating his objections to the jurisdiction of the Calcutta Court and to the validity of the awards.
Appeals from the Judgment and Decree dated the 23rd February, 1951, of the High Court of Judicature at Calcutta Harries C.J. and Bannerjee J. in Appeal No.
This numberice was served on the respondent on the 2nd of September, 1949.
The learned Judge overruled the objections of the respondent, and passed judgment on the two awards.
On this application numberice was issued to the umpire to file the awards into that companyrt before the 24th of August 1949.
C. Chatterjee Amiya Kumar Mukherjea, with him for the appellant.
On that date the Gauhati companyrt rejected his prayer for any further adjournment and fixed 20th January, 1950, for an ex parte hearing.
Seen his report forwarding companyies of the award of which the originals are said to have been made over to the parties.
On the back of each of these companyies occurs the receipt of the parties to the awards.
Please therefore direct the office to file the said two Awards and to issue numberices in respect thereof expedi tiously.
The Dominion of India represented by the Assam Railway.
On the 10th of August, 1949, the respondent filed an application under section 14, sub section 2 , of the Indian Arbitration Act, 1940, before the companyrt of the Subordinate Judge of Gauhati in Assam praying that the umpire, Mr. Chowdhury, might be directed to file both the awards in companyrt so that the petitioner might get an opportunity for filing objections thereto.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
On the same date a companynter affidavit thereto dated the 19th of November, 1949, was filed on behalf of the appellant.
The agreement was entered into at Calcutta, though the work was to be carried out in Assam.
By the other he directed a sum of Rs.
The appellant in answer to the numberice issued by the Gauhati companyrt on 3rd September, 1949, appeared before that companyrt on 28th October, 1949, and obtained adjournments from time to time until 10th December, 1949.
He is said to have made over each of the two awards, in original, to each of the parties.
Applicant to file his companyy on 3rd September, 1949.
On the 3rd of September, 1949, the respondent filed the awards which were handed over to it by the umpire, and the matter was being proceeded with by issue of further numberices and filing of objections in the companyrt of the Subordinate Judge, Gauhati.
3,67,000 to be paid by the respondent to the appellant on or before the 19th of August, 1949, with interest thereafter at 6 per cent per annum in case of default.
133 and 134 of 1952.
Dated the 29th day of August, 1949.
On receipt thereof, the Subordinate Judge made an order on 24th August, 1949, in the following terms Notice on the umpire served.
Differences having, in fact, arisen, the dispute was referred to two arbitrators and on their disagreement the matter went up to an umpire, one Mr. P. C. Chowdhury.
Meanwhile on the 17th of August 1949, i.e., a week after the respondent made its first application in the Gauhati companyrt, the appellants solicitors, Messrs. Mukherjee and Biswas, sent a letter to the Registrar of the High Court, Original Side, as follows On behalf of our client Mr. Kumbha Mowjee we beg to enclose herewith two original Awards duly stamped and both dated, 20th July, 1949, for the respective sums of Rs.
On appeal therefrom by the respondent to the Division Bench, the learned Judges reversed the judgment of the single Judge.
It was a term of the agreement that if any differences arose between the parties, they were to be referred to the arbitration of two persons, one to be numberinated by each side, and that if the arbitrators were number able to agree, the matter was to be decided by an umpire to be numberinated by both the arbitrators.
Thus in respect of these awards, proceedings were initiated purporting to be under section 14 2 of the Indian Arbitration Act simultaneously both in the companyrt of the Subordinate Judge of Gauhati in Assam as well as on the Original Side of the High Court at Calcutta.
K. Daphtary, Solicitor General for India G. N. Joshi and Jindra Lal, with him for the respondent.
83,000 duly signed by the Umpire Mr. P. C. Chaudhury for filing.
By one of them he directed a sum of Rs.
The Judgment of the Court was delivered by JAGANNADHA DAS J. On the 28th of January, 1948, the appellant, Khumba Mawji, entered into an agreement with the respondent, the Dominion of India as it then was to manufacture and supply, to the Bengal Assam Railway, stone boulders and ballast from Chutiapara quarry.
208 of 1949.
The umpire sent a letter dated 18th August, 1949, to the Subordinate Judge, which is as follows with companyies of the awards Dear Sir, With reference to your numberice in money suit No.
63 of 1949 requiring me to submit the awards made by me in the above mentioned dispute on 20th July, 1949, I beg to submit that the two awards were made and signed by me in the presence of the parties and handed over to me on 20th July, 1949.
The umpire made two awards on or about the 20th of July, 1949, in favour of the appellant.
As directed by you I am sending herewith companyies of the same signed by me.
44 of 1950 arising out of the Judgment and Decree dated the 16th day of December, 1949, of the said High Court Sinha J. in its Ordinary Original Civil Jurisdiction in Award Case No.
Before the learned single Judge of the High Court the main objection taken and set out in paragraph 14 of the respondents affidavit dated the 15th of November 1949 was as follows I submit further that inasmuch as the application of the Dominion of India under section 14 2 of the Indian Arbitration Act was made as aforesaid to the said Court at Gauhati before the award was filed in this Honble Court by Kumbha Mawji, the Court at Gauhati alone has jurisdiction.
