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K.C. Mehra Vs. Union of India (Uoi) - Court Judgment

LegalCrystal Citation
SubjectArbitration;Contract
CourtHimachal Pradesh High Court
Decided On
Case NumberF.A.F.O. No. 8 of 1958
Judge
Reported inAIR1960HP20
ActsArbitration Act, 1940 - Sections 2, 14 and 14(2)
AppellantK.C. Mehra
RespondentUnion of India (Uoi)
Appellant Advocate R.N. Malhotra, Adv.
Respondent Advocate Kedar Ishwar, Govt. Adv.
DispositionAppeal allowed
Excerpt:
- order8. i allow this appeal to this extent that the order of the court below is set aside in so far as it purports to pass a decree in terms of the awards relating to agreements nos. 8 and 9. i make it clear that the awards arising out of agreements 8 and 9 have not been set aside by me. that would be a matter to be considered by a court of competent jurisdiction, if and when duly moved in that behalf-the application under section 14(2) of the arbitration act dated 21-9-1954 filed by the government advocate himachal pradesh in the court of the senior subordinate judge, mahasu, will be returned to him, (i.e. government advocate).9. since this is the first case of its kind thathas come up to this court, i direct that parties willbear their respective costs here, and in the courtbelow.
Judgment:
ORDER

8. I allow this appeal to this extent that the order of the Court below is set aside in so far as it purports to pass a decree in terms of the awards relating to Agreements Nos. 8 and 9. I make it clear that the awards arising out of Agreements 8 and 9 have not been set aside by me. That would be a matter to be considered by a Court of competent jurisdiction, if and when duly moved in that behalf-The application under Section 14(2) of the Arbitration Act dated 21-9-1954 filed by the Government Advocate Himachal Pradesh in the Court of the Senior Subordinate Judge, Mahasu, will be returned to him, (i.e. Government Advocate).

9. Since this is the first case of its kind thathas come up to this Court, I direct that parties willbear their respective costs here, and in the Courtbelow.


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