THE EXECUTIVE ENGINEER, HIGH-WAYS SOUTH DIVISION, P.W.D., MANIPUR AND OTHERS Vs. THINGOM IBOYAIMA SINGH CHANDRAHAS SINGH
HIGH COURT OF GAUHATI
The Executive Engineer, High -Ways South Division, P.W.D., Manipur And Others
Thingom Iboyaima Singh Chandrahas Singh
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R.S. Bindra, J. -
(1.) This, revision petition by the Executive Engineer, P.W.D., Manipur, and others raises the question whether the judgments and orders made under the Arbitration Act are subject to review in terms of Sec. 41 of the Arbitration Act read with Ss. 114 and 141 and Order 47 of the Civil Procedure Code, hereinafter called the Code.
(2.) Disputes having arisen between the contractor. The Iboyaima Singh, the respondent herein, and the Executive Engineer, Highways (South Division), Manipur, respecting the contract work by the former of special repairs to a bridge on the Imphal river, a reference was made to arbitration for settlement thereof. The arbitrator gave the award on 6 -12 -1965 which went against the contractor, who, therefore, made an application to the Subordinate Judge, Imphal, under Sec. 33 of the Act for setting aside the award. That application was rejected by the Court on 4 -4 -1967.
Thereafter, the contractor moved an application praying for review of the order dated 4 -4 -1967 on the grounds stated therein. That application was opposed by the present petitioners on merits as also on the footing that the Court had no power to review the order. This latter objection having been controverted by the contractor, the Court dealt with it as a preliminary issue and by its order dated 20th December, 1967 held the same to be not valid in law. Aggrieved by that order, the Executive Engineer, the Union Territory of Manipur and the Union of India have come up in revision to this Court.
(3.) The parties' counsel were agreed that the right of review like that of an appeal is not a natural or inherent right available to a litigant and that it can either be given, expressly by a statute or by the rules having the force of law. Arbitration Act does not deal explicitly with the subject of review. Shri Nilamani Singh urged for the respondent that despite that circumstance right to claim review is conferred on a party to arbitration proceedings by clause (a) of Sec. 41 of the Act. That clause states that subject to the provisions of the Arbitration Act and of the rules made thereunder, the provisions of the Code shall apply to all proceedings before the Court and to all appeals under the Arbitration Act.
Shri Nilamani Singh, submitted, while developing the point, that the omnibus nature of clause (a) of Sec. 41 of the Act makes all the provisions of the Code including those of review comprised in Sec. 114 and Order 47 applicable to the arbitration proceedings, subject, of course, to the overriding proviso that the provisions of the Code are not in conflict with the provisions of the Act and the rules made thereunder.;
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