9911796707
TMI Blog2001 (3) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... No.106 of 1999. The appellant filed an application under Section 20 of the Arbitration Act, 1940 (for short the 'Act') before Additional Civil Judge, Agra, which was allowed and the disputes between the parties were referred to arbitration. After the proceedings were concluded the Umpire filed the award before the court on 13.11.1998, which was made rule of the court by order dated 25.02.1999. Being aggrieved, the respondent filed a revision petition before the High Court, which was allowed by the order under challenge, on the ground that no notice under sub-section (2) of Section 14 of the Act was served on the respondent. 3. To appreciate the contentions raised by the learned counsel for the parties, it is necessary to refer to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e by the lawyers. On 19.02.1999 parties were present in the court, arguments were heard and on 25.02.1999, the award was made rule of the court. 6. We have now to determine as to what amounts to service of notice under sub-section (2) of Section 14 of the Act. 7. Dr. Singhvi, learned senior counsel has contended that notice under sub-section (2) of Section 14 need not be in writing and what is essential is that notice or intimation or communication of filing of Award must be issued and communicated by the court to the parties. According to the learned counsel notice to the counsel representing the party would be sufficient compliance in view of Rule 5 of Order III C.P.C. The learned senior counsel has further submitted that as the order p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Court and upon payment of the fees and charges due in respect of the arbitration and award and of the costs and charges of filing the award, cause the award or a signed copy of together with any depositions and documents which may have been taken and proved before them, to be filed in Court, and the Court shall thereupon give notice to the parties of the filing of the award." 10. From a perusal of the above provision, shorn of unnecessary details, it is clear that notice under sub-section (2) of Section 14 of the Act need not be in writing and that it can also be oral. What is essential is that there must be service of notice or intimation or communication of the filing of the award to the parties, mode of service of such a notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the information that an award has been filed is sufficient compliance with the requirements of sub-section (2) of Section 14 with respect to the giving of the notice to the parties concerned about the filing of the award. 'Notice' does not necessarily mean 'communication in writing'. 'Notice', according to the Oxford Concise Dictionary, means intimation, intelligence, warning' and has this meaning in expressions like 'give notice, have notice' and it also means 'formal intimation of something, or instructions to do something' and has such a meaning in expressions like 'notice to quit, till further notice'. We are of opinion that the expression 'give notice' in sub-section (2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rement of sub-section (2) of Section 14 was duly complied with inasmuch as intimation of filing the award to the parties was communicated. As notice to the counsel is notice to the party, the above order dated 13.11.1998 together with the endorsement of the advocate on the proceeding sheet would amount to a proper and valid service of notice under sub-section (2) of Section 14 of the Act. We have already mentioned that as per the direction of the court Umpire also filed the record. We, accordingly hold that order dated 13.11.1998 which was noted by the learned counsel, would amount to a valid notice under sub-section (2) of Section 14. We, therefore, need not consider the alternative arguments of Dr. Singhvi. 14. We may now consider the su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f filing of award no controversy was raised by the respondent regarding not filing of the records till the award was made rule of the court nor could it have raised such a controversy on the facts. In fact after filing of the application under Section 14 of the Act by the appellant, time was prayed for to file a reply on behalf of the respondent but no such reply was filed. In view of the above position, we are of the opinion that the contention of Mr. Dwivedi has no force and accordingly it is rejected. 16. Mr. Dwivedi has also pressed into service Rule 8 of the Arbitration Rules framed by the High Court. This rule prescribes the mode of filing of the award and the procedure to be followed by any party, if the records are not filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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