Pratibha Bonnerjea, J. - (1.) This is an application by the petitioner to grant him leave to file the award signed by the Arbitrator on 21.10.83. It is alleged in the petition that the arbitrator died on 22.4.84 before filing the said award. Prior to his death, the petitioner by his letter dated 8.12.83, requested the Arbitrator to file the award and made all the payments and charges due to him. But the Arbitrator died subsequently without filing the award.
(2.) In the affidavit-in-opposition, the respondents alleged that the petitioner was not authorised by the Arbitrator to file the award and as such, he was no right to make this application. No party can file an award without the authority of the Arbitrator.
(3.) To appreciate this argument the provisions of section 14(2) of of the Arbitration Act have to be considered. Sec. 14(2) : "The arbitrators or umpire shall, at the request or 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, 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.";