Satish Kumar & Ors vs Surinder Kumar & Ors on 27 September, 1968
47. In my opinion, by that observation, the Supreme Court did not mean that until an award would be made a decree of the court, the same would remain an invalid document or would be a mere waste paper. In my opinion, that isolated observation was made in the context of Section 36(6) of the Madras Aliyasantana Act (2 of 1949). It did not in any manner decide anything against the principles decided in the case of Satish Kumar v. Surinder Kumar, , which was a judgment of three learned judges dealing with the point directly. In any event, in this case, we are not concerned with the enforcement of the award. It would be noted that the said observation was made by a Bench of two judges of the Supreme Court without considering its own previous decision where the character of an unfiled award was elaborately discussed and it was, inter alia, held that the " award does not create right in property ". In any event, in my opinion, the said observation should be read in that background of the said special statute which was the subject-matter of the decision in that case. In the case before us, we are only concerned with the right which is created by the award and not in respect of the enforcement thereof.