AWASTHY, J. - (1.)THIS is an appeal against an order passed by the District Judge, Ambikapur, in Civil Suit No. 11-A/79 D/- 29-1-1981, under Ss. 14 and 17 read with S. 33 of the Arbitration Act.
(2.)THE appellant-applicant is a public limited company and the non-applicant is a business firm. It is alleged that the appellant entered into a contract with the non-applicant through broker, M/s. Gopal Company for sale of Sal-seeds, kernels decorticated on 25-3-1976. According to the terms of the contract, it was agreed between the parties that in the event of any dispute relating to the said contract, it shall be referred for arbitration to the Tribunal of Bengal Chamber of Commerce and Industries, Calcutta for adjudication and the decision of the said Tribunal shall be binding on the parties. It was alleged that the non-applicant respondent committed a breach, hence a dispute arose and the matter was referred for arbitration by the applicant claiming compensation and damages amounting to Rs. 92,400/-.
The claim of the applicant-appellant was registered as Case No. 76/79 by the said Arbitrator and after hearing the parties Award No. 85 of 1979, was passed against the respondent non-applicant for an amount of Rs. 77,385/- in full and final settlement of their claim. The cost of arbitration was fixed at Rs. 660/-. The award was signed by the Arbitration and notices were served on both the parties. The applicant received the notice on 20-8-1979.

(3.)AN application under Ss. 14 and 17 of the Arbitration Act was filed in the Court of District Judge, Sarguja (at Ambikapur) on 4-9-1979 praying for presentation of the award in the Court and passing a decree in terms thereof. The award and the connected file was presented in the Court on or before 9-11-1979 when the District Judge ordered issue of notice to the respondent intimating the fact that an award has been filed. The respondent appeared on 29-11-1979 and went on taking time till 4-9-1980 when an objection u/s. 30 of the Act was filed on behalf of the respondent against the award. AN application u/s. 33 of the Arbitration Act was also filed on the same day challenging the existence of arbitration agreement between the parties and alleging that the award was illegal and without jurisdiction. The appellant filed an objection to the application u/s.33 alleging that the said application was not maintainable and the Court had no jurisdiction to entertain it. It was also alleged that the proceedings u/s. 33 of the Arbitration Act should be kept separate from the proceedings u/ss. 14 and 17 of the Act.