Law:

Section:

(a) Arbitration Act (X of 1940)-------Ss. 17 & 39---Judgment in terms of away or refusal to set aside award--­Appeal---Scope---Provisions of S.39, Arbitration Act, 1940 provide an appeal against the order refusing to set aside the award---Both the provisions of Ss. 17 & 39, Arbitration Act, 1940 are independent in nature and cater for two distinct eventualities and have neither any overlapping nor overriding effect on each other---revisions of S.39(vi), Arbitration Act, 1940 confers a right upon an aggrieved person to file appeal against an order where the Court has either set aside the award or passed a refusal order---If through a composite order, the Court has refused to set aside the award and in the same order/ makes the award rule of the Court followed by the decree, the refusal part of the order shall, to all intents and purposes, be considered separate and independent order and shall be appealable under S.39, Arbitration Act, 1940, while against the other part of the order and the decree, the appeal shall only be maintainable if the conditions laid down in S.17 of the Act are met---Provisions of S.17 of the Act, in no way, circumscribe, frustrate or defeat the right of an aggrieved party to challenge m appeal the order mentioned in S.39, Arbitration Act, 1940 only for the reason that in the same order, the award has been made the rule of the Court etc. (b) Arbitration Act (X of 1940)--- ----Ss. 14, 17 & 30---Judgment in terms of award---Objections---Reply to an application under Ss. 14.& 17, Arbitration Act, 1940 cannot be treated to be the objections in terms of S.30, Arbitration Act, 1940---If a party seeks the setting aside of award on the grounds mentioned in S.30 of the Act, he must apply to the Court, through a separate proper application raising specific plea. (c) Arbitration Act (X of 1940)--- ----Ss, 17 & 30---Judgment in terms of award---No objection was filed in terms of S.30, Arbitration Act, 1940---Duty of Court---Court, while considering the question, if the award should be made rule of the Court or otherwise, was not supposed to remain dormant and to play the role of post office, by affixing the judicial stamp on the…

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