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Bhadur Singh Vs. the District Judge, Rampur and ors. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies;Arbitration
CourtAllahabad High Court
Decided On
Case NumberCivil Misc. Writ No. 3843 of 1973
Judge
Reported inAIR1975All12
ActsArbitration Act, 1940 - Sections 14, 17, 33 and 46; Uttar Pradesh Co-operative Societies Act, 1966 - Sections 98 and 111
AppellantBhadur Singh
RespondentThe District Judge, Rampur and ors.
DispositionPetition dismissed
Excerpt:
arbitration - jurisdiction of civil court - sections 14, 17, 33 and 46 of arbitration act, 1940 and sections 98 and 111 of u.p. co-operative housing societies act, 1966 - the order of award has been made by registrar - civil court has passed the order to set aside the award - held, sections 14, 17 and 33 of arbitration act are not consistent with provisions of sections 98 and 111 of u.p. co operative societies act, 1966 - civil court has no jurisdiction to set aside the order of award passed by the registrar under the provision of arbitration. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under..........was not valid and binding. he had thus claimed the determination of the effect and validity of the award. such a relief would ordinarily be claimable by an aplication under section 33 of the arbitration act. the question is: whether the jurisdiction of the civil court to grant such a relief is barred by the provisions of the u. p. co-operative societies act?4. according to the facts stated by the court below, which are not disputed by the petitioner's counsel, the dispute was one which was governed by section 70 of the act and arbitration proceedings in respect thereof had resulted in the award under section 71 of the act. as the award had been made under section 71, an appeal would have lain against the award under section 98 (1) (h) of the act. orders passed under section 97 and.....
Judgment:
ORDER

1. This petition has been filed against the order passed by the trial court dismissing the plaintiff's suit as not maintainable and against the order dismissing the plaintiff's appeal against that order.

2. Petitioner had filed the suit purporting to be under Sections 13 and 14 of the Arbitration Act with a prayer that the defendants be ordered to file the award in court and the award be thereafter set aside on the basis of the objections taken by him in the plaint. The award had been given by the Registrar under the U. P. Co-operative Societies Act (hereinafter called the Act). Both the courts below held that the suit was not maintainable and rejected the plaint.

3. From the relief claimed by the plaintiff, as mentioned in the judgment of the appellate court, it appears that the plaintiff had prayed for a declaration thatthe award was not valid and binding. He had thus claimed the determination of the effect and validity of the award. Such a relief would ordinarily be claimable by an aplication under Section 33 of the Arbitration Act. The question is: whether the jurisdiction of the civil court to grant such a relief is barred by the provisions of the U. P. Co-operative Societies Act?

4. According to the facts stated by the court below, which are not disputed by the petitioner's counsel, the dispute was one which was governed by Section 70 of the Act and arbitration proceedings in respect thereof had resulted in the award under Section 71 of the Act. As the award had been made under Section 71, an appeal would have lain against the award under Section 98 (1) (h) of the Act. Orders passed under Section 97 and Section 98 of the Act have been given finality by Section 102, which runs as under:

'Every award made under Section 71 and every order of the nature referred to Sub-section (2) of Section 98 where no appeal has been preferred against such award or order under Section 97 or 98 and every decision made in appeal under that section shall, subject to Section 99, be final and binding on the parties concerned and shall not be questioned in any Court.'

4-A. Section 111 (d) further bars the jurisdiction of the civil court in respect of an award made under the Act. It says:

'Save as expressly provided in this Act, no civil or revenue court shall have any jurisdiction in respect of

... ... ... ... .....' (d) any award made under this Act.'

The aforesaid provisions of the Act, viz., Sections 98 and 111, thus bar the jurisdiction of the civil court from entertaining any suit or application concerning the validity of the award.

5. Learned counsel for the petitioner contended that Section 46 of the Arbitration Act made the provisions of that Act applicable to award made under the Co-operative Societies Act and hence the suit was maintainable in the civil court for requiring the award to be filed in court for its effect being determined. We are unable to accept this contention as Section 46 itself makes the exception. Section 46 says:

'The provisions of this Act, except Sub-section (1) of Section 6 and Sections 7, 12, 36 and 37, shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactmentwere an arbitration agreement, except insofar as this Act is inconsistent with that other enactment or with any rules made thereunder.''

Provisions of Sections 14, 17 and 33 of the Arbitration Act are inconsistent with the provisions contained in Sections 98 and 111 of the U. P. Co-operative Societies Act. Hence they will not be available to the petitioner for instituting the suit or application in a civil court for the relief for which the present suit was filed by the petitioner. The orders of the court below thus suffer from no error of law.

6. The petition accordingly fails and is dismissed.


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