GULAB CHAND JAIN Vs. UNION OF INDIA (UOI) AND ORS.

JUDGEMENT

(1.) WE find that the Paper Book has not been prepared However, Sri C. K. Sharma Baruah appearing on behalf of the appellant submits that the matter may be heard and disposed of dispensing with the Paper Book, Shri S. N. Chetia, standing counsel for Union of India, concurs. Counsel for both the parties agree that the matter may be heard and disposed of today. Accordingly, we proceed to dispose of the matter as agreed upon by counsel for the parties.

(2.) THE impugned orders were made as if there was a valid and existing decree passed in accordance with Section 17 of the Arbitration Act, 1940, for short "the Act." The arbitrator made an award found certain errors in it and informed the court clarifying the error he had committed while making the award. The court entertained it but did not proceed to pronounce any judgment nor did he pass any decree as required under Section 17 of the Act. The appellant assumed that there was a valid and existing judgment followed by a valid and competent decree which, in fact, were never in existence. This position is also not denied by the learned counsel.

(3.) FOR the reasons set forth above and as desired by the learned counsel for the parties, we remit the matter to the Addl. Deputy Commissioner, Kohima to render a judgment in terms of the award and/or supplementary award at an early date and thereafter he shrill proceed to prepare a decree in accordance with the provisions of Section 17 of the Act."