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1986 DIGILAW 262 (DEL)

ABDUL QUIM MOHAMAD ISMAIL v. FOOD CORPORATION OF INDIA

1986-07-28

MAHESH CHANDRA

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Mahesh Chandra ( 1 ) AN application under Section 14 (2) of the Arbitration Act had been filed by M/s. Abdul Quim Mohd. Ismail against the Food Corporation of India before this Court. An award by the arbitrator was filed before this court. However, later on another application (I; A. 4060/86) was moved on behalf of M/s. Abdul Quim Mohd. Ismail in which it was requested that the petition filed under section 14 (2) of the Arbitration Act may be filed as withdrawn and the arbitration award pending before this Court may be sent to the District Judge, Udaipur in so far as an application under section 14 of the Arbitration Act had already been filed before the Court of District Judge. Udaipur even before the arbitrator had filed his award in this court. Vide may orders dated ,21st July 1986, the application under Section 14 (2) of the Arbitration Act was filed as withdrawn. ( 2 ) NOW I am called upon to dispose of an application (I. A. 4247/86) filed by the Food Corporation of India in which it has been requested that the award and the proceedings of the arbitrator Shri M. I. Gupta dated 15th December 1984 be ordered to be sent to the District and Sessions Judge Udaipur in Suit No. 6/85- Food Corporation of India v. Abdul Quim Mohd. Ismail so that the said court may proceed with the case. The petitioner M/s. Abdul Quim Mohd. Ismail in petition under section 14 (2) of the Arbitration Act had notice of this application but none has appeared on their behalf. ( 3 ) I have gone through the case file and the order dated 21st July 1986 of this court. It is in the fitness of things if the award and the arbitration proceedings are transmitted to the court of District and Sessions Judge Udaipur in case No. 6/85 entitled : Food Corporation of India v. Abdul Quim Mohd. Ismail. It is ordered accordingly. ( 4 ) THIS file be consigned to the records. The award and the arbitration proceedings be sent to the District and Sessions Judge, Udaipur in a sealed cover by the Registry.