SARABJIT SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the order of the Senior Sub-Judge, Chandigarh, dated 6th September, 1975, whereby objections filed on behalf of the appellant against the award dated 3-11-1973 were dismissed.

(2.) BRIEFLY stated, the facts are that on 12-5-1964, an agreement was executed between the Governor of Punjab and the appellant Sarabjit Singh on the stipulation that the Government would furnish requisite guarantee to the Bank on behalf of Sarabjit Singh and Sarbjit was to complete a usual full length picture in Hindi and English versions for commercial exploitation and its script etc. were mortgaged with the Government. According to clause 10 of the agreement, all disputes and differences arising out of or in any way touching the agreement were referable to the sole arbitration of the Chief Parliamentary Secretary, Punjab.

(3.) RELIEF. 5. Under issue No. 1, the Court found that the appellant Sarbjit Singh took part in the proceedings before the Arbitrator without any objection and, therefore, he submitted to the jurisdiction of the Arbitrator to which the parties had agreed to make the reference. Issues Nos. 2 and 3 were discussed together and it was found that no misconduct has been established as alleged in the objection-petition. Under issue No. 4, the learned Senior Sub-Judge held that the award being an instrument as defined in section 2(14) of the Stamp Act, was exempted from the stamp duty in view of the second proviso of section 3 of the Stamp Act. Ultimately, the objection petition was dismissed and the award was made the rule of the Court and a decree for recovery of Rs. 4,07,813.67 was passed in favour of the State. As observed earlier, dissatisfied with the same, the objector has filed this appeal in this Court.