SHRINATH BROTHERS Vs. CENTURY SPG AND MFG CO LTD

JUDGEMENT

(1.) THIS is a revision application under the provisions of Section 115 of the Code of Civil Procedure against an order of the Bombay City Civil Court, making a notice of motion for pronouncing judgement in terms of an award absolute and passing a decree in terms of the said judgement.

(2.) THE facts leading to this case, briefly stated, are : - That on 7th June 1962, there was an award made against the petitioners in favour of the respondents. On 23rd March 1963, the arbitrator filed the said award in the Court. On 11th April 1963, notice of filing of the award was issued by the Court and despatched to the petitioners, who are a partnership firm, in a registered cover addressed to the firm. The acknowledgment for this registered cover appears to have been signed on 25th April, 1963 by a person signing as Raja Shankar. It is not stated in the acknowledgment as to whether this Raja Shankar was a partner of the petitioners firm or the manager in charge of the business at the time of service. Whether this is sufficient service of notice o4 filing of the award or not is a matter in controversy with which I shall deal later. On 3rd July, 1963, the respondents took out a notice of motion for judgement in terms of the award relying on the acknowledgment dated 25th April 1963. On the next day, i.e., 4th July, 1963, the petitioners in this revision application filed a petition in the City Civil Court for setting aside the award dated 7th June, 1962 on grounds stated in the said petition. The petitioners, however, stated in the said petition that the notice of filing of the award had not been served upon them by the Court. The respondents filed an affidavit in reply to the petition alleging that the notice of filing of award had been served on the petitioners on 25th April, 1963 and also controverting the grounds on which the award was sought to be set aside. On 24th July, 1964, the petition for setting aside the award was dismissed, The order on the said petition is Exhibit "A" to this petition and reads as under : -

(3.) ON 4th August 1964, after their petition for setting aside the award was dismissed as premature, the petitioners appeared before the Registrar of the Court, and, in fact, accepted the service of the notice of filing of the award. On 17th August, 1964, the respondents in this petition filed a petition against the petitioners in this petition, alleging that the petitioners here had in tact been served with the notice of filing of the award on 25th April, 1963 mid applying for an injunction, restraining the petitioners from acting on the alleged service of the notice of filing of the award on 4th August, 1964 and restraining them from filing a petition for setting aside the award on the basis of such service. The respondents served this injunction on the petitioners and thereafter had their notice of motion for judgement in terms of the award placed on the Board for hearing. This notice of motion came up for hearing on 8th September, 1964. The petitioners filed an affidavit in reply to the notice of motion, setting out the correct facts, but notwithstanding this, the learned Judge made the notice of motion absolute on the footing that the petitioners had been served with the notice of filing of the award on 25th April, 1963, and had not filed any petition for setting aside the award. Thus, judgement in terms of award has been passed against the petitioners without giving them any opportunity to contest the award.