V.B.RAJU - (1.) RAJU J.
(2.) THE applicants application to set aside an award on the ground that no notice was given as required by section 14(1) of the Arbitration Act 1940 and on some other grounds was rejected by the 6th Joint Civil Judge Junior Division Ahmedabad. But in appeal the learned Extra Assistant Judge Ahmedabad before whom three submissions were made by the opponent rejected the first two contentions and accepted the last one which was that the award should be set aside on the ground that no notice had been given under sec. 14(1) of the Arbitration Act. On that ground alone the learned Extra Assistant Judge in appeal set aside the award and directed that the suit must proceed in accordance with law. In revision it is urged that the order of the Extra Assistant Judge in appeal is erroneous. In this case admittedly a notice required by sec. 14(1) of the Arbitration Act had not been given but a notice required by section 14 (2) had been given by the Court. Sec. 14(1) and 14(2) of the Arbitration Act read as follows :- - (1) When the arbitrators or umpire have made their award they shall sign it and shall give notice in writing to the parties of the making and signing thereof and of the amount of fees and charges payable in respect of the arbitration and award. (2) The arbitrators or umpire shall at the request of any party to the arbitration agreement or any person claiming under such party or if so directed by the Court and upon payment of the fees and charges due in respect of the arbitration and award and of the costs and charges of filing the award cause the award or a signed copy of it together with any depositions and documents which may have been taken and proved before them to be filed in Court and the Court shall thereupon give notice to the parties of the filing of the award.
(3.) THERE are provisions in the Arbitration Act in sections 15 and 16 regarding the power of the Court to modify an award and power to remit an award. Sec. 17 provides for judgment and decree in terms of the award. Section 30 of the Arbitration Act deals with the question of setting aside awards and reads as follows :- - An award shall not be set aside except on one or more of the following grounds namely (a) that an arbitrator or umpire has misconducted himself or the proceedings; (b) that an award has been made after the issue of an order by the Court superseding the arbitration or after arbitration proceedings have become invalid under sec. 35; (c) that an award has been improperly procured or is otherwise invalid. ;