Bharat Coking Coal Limited v. H.p. Biswas And Company

1. In this civil appeal an award has been filed by the arbitrator appointed by this Court in a proceeding arising out of Section 8 of the Arbitration Act before the trial court. However, as the appeal arises out of the proceeding under the aforesaid section before the trial court, the appointment of the arbitrator by this Court was in substitution of the earlier order passed by the trial court. Hence the appropriate court in which the award is to be filed will be the Court of First Sub-Judge, Dhanbad. Therefore, the Registry is directed to send the original award as well as the entire records to the First Sub-Judge, Dhanbad, Bihar.

2. On receipt of copy of this order, the original award and the records by the trial court notice will be issued to the parties concerned by the trial court and within 30 days of receipt of such notice objection, if any, under Section 30 of the Arbitration Act will be filed by the objector concerned. Thereafter the trial court will proceed further in accordance with law. The trial court shall decide the objections, if any, of the parties concerned to the request for making the award a rule of the court. The trial court will dispose of the proceedings at an early date preferably within a period of six months from today. The appeal is disposed of accordingly. No costs.