Full Judgment Text
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PETITIONER:
UNION OF INDIA & ORS.
Vs.
RESPONDENT:
SMT. SATYAWATI & ORS.
DATE OF JUDGMENT: 12/01/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
JT 1996 (1) 674 1996 SCALE (1)SP34
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
C.A. Nos. 2361-62, & 2363 of 1996
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[@ SLP Nos. 5775-76 & 5780/88]
Leave granted.
Mr. Sanjay Sarin, learned counsel appearing for the
respondents has brought to our notice that pursuant to the
directions of the High Court, arbitrator had already been
appointed and he gave his award. Against the award, appeals,
have been filed in the High Court and they are pending.
Under these circumstances, it is open to the appellants to
raise all the contentions raised in these appeals, in the
High Court and the High Court would deal with and dispose
them of according to law. Accordingly, we do not think that
these are cases for our interference at this stage.
The appeal are accordingly dismissed. No costs.
C.A. Nos. 2364, 2365-66 & 2367-78
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[@ SLP Nos. 5774, 5777-78 & 5781-92]
Leave granted.
The controversy raised in these cases is squarely
covered by the judgment of this Court in Union of India &
Ors. v. Munsha & Ors. [JT 1995 (8) SC 289]. Following the
judgment, we are constrained to hold that since no action
has been taken by the claimants in communicating the
objections for not accepting the award within the time
prescribed under the law, it must be deemed that they have
accepted the award, Consequently, the omission to appoint
the arbitrator under Section 8 [1] (b) the Requisition and
Acquisition of Immovable Property Act, 1952 read with Rule 9
[1] of the Rules made under that Act, is not vitiated by any
error of law. The High Court, therefore, was not right by
directing in the impugned order the appointment of an
arbitrator.
The appeal are allowed. The order of the High court in
the respective writ petitions is set aside. No costs.
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