9911796707
TMI Blog1966 (10) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... ies and were referred to the joint arbitration of Sri B. K. Guha and Sri N. P. Gurjar. As there was difference of opinion between the two arbitrators, the matter was referred to an umpire, namely, Sri Dildar Hussain, retired Chief Engineer, Hyderabad. The umpire recorded evidence of the parties and gave his award on May 27, 1961. It appears that the award was made in duplicate and one copy was sent to each party. On August 4, 1961, the appellant made a petition before the Subordinate Judge First Class, Delhi under ss. 14 and 17 of the Arbitration Act, No. 10 of 1940, (hereinafter referred to as the Act). it was prayed that the umpire be directed by the court to cause the award or a signed copy thereof together with any depositions and docum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thereupon the appellant obtained special leave, and that is how the matter has come up before us. The main question that has been argued on behalf of the ap- pellant is that the document in question is a signed copy of the award within the meaning of those words in s. 14(2) and therefore further proceedings should have been taken under s. 17 of the Act. Now the relevant part of s. 14 (2) reads thus : (2) The arbitrators or umpire shall, at the request of any party to the arbitration agreement or any person claiming under such party or if so directed by the court.... cause the award or a signed copy of it, together with any depositions and documents which may have been taken and proved before them, to be filed in court........... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies, and (iii) copies made from or compared with the original. Obviously, therefore a copy means a document prepared from the original which is an accurate or true copy of the original. In Webster's New World Dictionary, the word copy means a thing made just like another ; full reproduction or transcription . What the word copy in s. 14(2) therefore requires is that it must be a full reproduction of the original and that it should be accurate or true. When a document is an accurate or true and full reproduction of the original it would be a copy. In the present case it is not in dispute that what was produced by Sri Dild ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o long as there is the signature of the arbitrator or umpire on the copy of the award filed in court and it shows that the person signing authenticated the accuracy or correctness of the copy of the document would be a signed copy of the award. It would in such circumstances be immaterial whether the arbitrator or umpire put down the words certified to be true copy before signing the copy of the award. If anything, the addition of these words (namely, certified to be true copy) would be the clearest indication of the authentication of the copy as a true copy of the award, which is what s. 14(2) requires, so long as the authentication is under the signature of the arbitrator or the umpire himself. In the present case, the document was sent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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