| Citation(s) |
|---|
| 1958 SLG 4037 = 1958 SLD 4037 = 1958 PLD 24 |
WEST PAKISTAN, KARACHI
Miscellaneous Appeal No. 76 of 1955, decided on 25th October 1956.
Presented By: CONSTANTINE, J
Arbitration Act (X of 1940). S. 39-Whether applies to order directing filing of foreign award. Section 39 of the Arbitration Act, 1940, which provides for appeal from an order directing the filing of an award applies to an order directing a foreign award to be filed. There is nothing in the Arbitration (Protocol and Convention) Act (VI of 1937) which prohibits the application of the section to such order. Dinkearai v. Yeshvanathrai 31 Bom. L R 1403 ref. Nurul Arfin for Appellants. Dingomal for
Respondents.
Miscellaneous Appeal No. 76 of 1955, decided on 25th October 1956.
Presented By: CONSTANTINE, J
Arbitration Act (X of 1940). S. 39-Whether applies to order directing filing of foreign award. Section 39 of the Arbitration Act, 1940, which provides for appeal from an order directing the filing of an award applies to an order directing a foreign award to be filed. There is nothing in the Arbitration (Protocol and Convention) Act (VI of 1937) which prohibits the application of the section to such order. Dinkearai v. Yeshvanathrai 31 Bom. L R 1403 ref. Nurul Arfin for Appellants. Dingomal for
Respondents.
MESSRS. BARLAS BROS. (KARACHI) & Co. -Appellants
VERSUS
MESSRS. YANGTSE (LONDON) LIMITED-Respondents
Law: Arbitration Act (X of 1940)
Section: 39,89,104
JUDGMENT CONSTANTINE, J.--In this case we have an application before us for stay of execution of a judgment following an order filing an award passed in favour of the plaintiff against the defendant in England. The order is made under the Arbitration (Protocol and Convention) Act of 1937. Mr. Dingomal for the respondents has raised a preli minary point that no appeal lies and hence the application should be dismissed, in that our jurisdiction to stay execution is dependent upon the right of appeal. We think, however, that his contention is not correct. The Arbitration Act X of 1940 was passed, as the long title and preamble state, to consolidate and amend the law relating to Arbitration. The Arbitration (Protocol and Convention) Act of 1937 was passed "to make certain further provisions respecting the law of Arbitration in British India" The immediate purpose was to give effect to the protocol and the convention which were set forth in the Schedules to the Act. Before Arbitration Act X of 1940 was passed, we had a provision in section 89. Civil P. C. that all references to arbitration and proceedings thereunder should be governed by provisions in the Second Schedule. Section 104, clause (f) provided for an order filing or refusing to file an award in an arbitration. Para. 21 of the Second Schedule provided that upon the judgment pronounced after an order directing the filing of an award, a decree should follow and no appeal should lie from this decree except in so far the decree is in excess of or not in accordance with the award. These provisions from the body of the Civil P. C., and also, the provisions of Schedule 11 were repealed when the Arbitration Act X of 1940 was enacted, and we find in the present Arbitration Act X of 1940 section 17 regarding appeal from a decree and section 39 regarding appeals from orders. When we turn to the Arbitration (Protocol and Con vention) Act VI of 1937, we find section 6 stating that upon a judgment being pronounced a decree shall follow, and no appeal should lie from such decree except in so far as the decree is in excess of or not in accordance with the award. This is identical with…