WALI MOHD KAR Vs. HABIB ULLAH KAR

JUDGEMENT

(1.) THE members of the Beopar Mandal, Baramula, have submitted an award made by them, on 14th of July, 1980, to this court with the request that the award be made a rule of the court. Their application is supported by the petitioner, who was one of the parties to the proceedings before them. Notice was issued to the parties and while the petitioner accepted the award and prayed that the same to be made a rule of the court, the respondents did not accept the award. Respondent No. 1 filed C. M P. No. 10 of 1981, on 30th of January, 1981, being an application under section 30/33 of the Arbitration Act and prayed for the award to be set aside on the grounds detailed therein. Respondent No. 2 also filed a similar application on 28.2.81. being C. M. P. No. 19 -A of 1981. Since the award was acceptable to one party and not to the other, following issues were raised by a learned Single Judge of this court on 18 -9 -1981 :

(2.) ISSUE Nos. 1,2,5 and 7 were directed to be treated as preliminary issues. Learned counsel for the parties submitted before the court that no evidence was required to be led on these issues and the case was set down for arguments on the preliminary issues. The case, it appears, was, thereafter, adjourned from time to time at the request of counsel for the parties.

(3.) ON the case coming up for hearing before me it transpired that the application on the basis of which the alleged arbitration proceedings had started, as also other documents and depositions had not been sent by the arbitrators to this court. They were, therefore, directed to send the record to the court which was subsequently received from them.