B.S. Chauhan, J. - (1.) This First Appeal From Order has been filed against the judgment and order dated 09.04.2004 passed by the 1st Additional Civil Judge (Senior Division), Kanpur Nagar by which the learned Court refused to make the award of the Arbitrator dated 27.02.1999 the Rule of the Court.
(2.) Smt. Ira Sharma, the proprietress of the appellant-firm appealed in person and submitted that the aforesaid judgment and order should be set aside and the aforesaid Award should be made Rule of the Court. She was confronted as under what circumstances the respondent No. 1, Sri Lalta Prasad, the 1st Additional Civil Judge (Senior Division), Kanpur Nagar has been impleaded as a party by name in this appeal. Her reply came that he failed to ensure compliance of the order passed by the Hon'ble Supreme Court and has violated mandate of Articles 141 and 142 of the Constitution of India. In fact, we tried to find out as what directions had been issued by their Lordships which have not been complied with by the learned Civil Judge who has been impleaded as respondent herein by name. It appears that when the Award was filed in the Court for making the Rule of the Court, the Union of India, the defendant therein did not file any objection under Section 30 of the Arbitration Act, 1940 (hereinafter called the 'Act 1940). However, it was filed at a belated stage. The Court refused to take the same on record and consider the same. At a much belated stage, the Union of India filed Writ Petition No. 20956 of 2000 before this Court for condoning the delay in filing the objections under Section 30 of the Act 1940. The said writ petition was allowed vide judgment and order dated 31.03.2001. Against the same, an special leave petition was filed before the Hon'ble Supreme Court and the Hon'ble Apex Court set aside the judgment and order of this Court dated 3.1.03.2001 meaning thereby the objections filed by the Union of India would not be taken into consideration by the Court.
(3.) Smt. Ira Sharma has submitted that as the direction had not been complied with by the said Judicial Officer, she also filed a contempt petition before Hon'ble Apex Court. However, the same was dismissed. We asked Smt. Sharma to point out: from the judgment and order under challenge, where the objections filed by the Union of India have been considered. She submitted that she has filed the Memo of Appeal and the written submission and she is not going to assist the Court any further. We asked her whether she would like to engage any counsel for her assistance, but she refused. We again asked her as to whether she would like us to make a request to some lawyer of this Court to plead her case without charging any fee but her parrot like reply came 'no' and she submitted that she has done her duty by filing the Memo of Appeal and the written submissions and the Court has to decide the same When we pointed out to her that it is not possible for the Court to understand what has been her grievance, she said then the Court may pass any order it likes.;