Sengupta, J - (1.) This application is to be dismissed inasmuch as the copy of the award, said to have been certified by the Learned Arbitrator, has been annexed.
(2.) In my view, under the provisions of the Arbitration and Conciliation Act, 1996, it is the original award which is treated as a decree but certified copy of the award cannot be treated to be a decree. The copy purported to have been certified by the Arbitrator cannot be equated with the certified copy of the documents as provided in the Section 76 of Indian Evidence Act, as proceedings before the Arbitrator or award made and published by him are not public documents within the meaning of Section 74 of Indian Evidence Act. Under the provision of Section 75 of the said Act all other documents excepting public documents as mentioned in Section 74 of the said Act are private documents.
(3.) Therefore, I am of the view that in order to enforce an award under the provisions of the Arbitration & Conciliation Act, 1996, the award itself has to be filed under Section 36 of the said Act unless of course, the same is not otherwise available, in that case of copy thereof may be admissible. The application is thus dismissed. Leave is given to file fresh application enclosing the original award. All parties are to act on a xeroxed signed copy of this dictated order on the usual undertaking. . ( Previous Hitlist Next );