Permod Kohli, J. - (1.) THIS revision is directed against the order dated August 23, 2007, passed by Civil Judge (Junior Division), Amritsar, restoring the arbitration award to its file, which was earlier dismissed for default of appearance on October 07, 1989. It is useful to briefly notice the factual position.
(2.) IT is the admitted case of the parties that a dispute was referred to the Arbitrator under the provisions of the Indian Arbitration Act, 1940. The Arbitrator made and published his award, which came to the file in the Court on April 10, 1989. 3. Notice of filing of the award was issued to the parties on May 08, 1989 and then for July 17, 1989. Since there was no service, fresh notice was ordered to be issued for October 07, 1989. On that date, the award came to be dismissed due to non -appearance of the parties. It appears that the petitioner filed an application under Section 30 of the Indian Arbitration Act, 1940 on January 11, 1990, challenging the award. While this application was being contested when on October 20, 1991, it came to be noticed that original award stands dismissed. Application under Section 30 also came to be dismissed as withdrawn in view of the fact that the original award had been dismissed on October 07, 1989. A review petition came to be filed on February 27, 1992, which was also dismissed on September 01, 1998. Thereafter, present application for restoration of the award was filed on November 28, 1998, which has been allowed vide the impugned order.
(3.) LEARNED Counsel appearing for the petitioner has vehemently argued that the Court had no jurisdiction to restore the award after having dismissed the review application. The argument is not based upon correct legal position. Once an arbitration award is filed under Section 14 of the Indian Arbitration Act, 1940 in the Court, the Court had only three options: (i) if any petition under Section 30 and 33 of the Arbitration Act, has been preferred within the statutory period and is allowed; to set aside the award; (ii) if no application for setting aside the award is filed or application filed is dismissed to make it 'Rule of Court' in terms of Section 17 of the Act; and (iii) to remit the award to the Arbitrator under. Section 16 of the Act.;