Satish Kumar & Ors vs Surinder Kumar & Ors on 27 September, 1968
Relying on the judgment of the Supreme Court in SATISH KUMAR v. SURINDER KUMAR, , the learned counsel submits that the rights created in the award cannot be enforced until the award is made rule of the Court. Admittedly the petitioner is not a party either to the reference for the arbitration proceedings or to the arbitration award and further the arbitration award is not duly stamped and registered and therefore the petitioner's rights cannot be dealt with either for partition or for acquiring or extinguishing any rights by the husband of the petitioner as she has not authorized her husband to represent on her behalf and therefore the said award of arbitration has no legal sanctity and the second respondent cannot acquire any right over the property claiming half share in the property in question. The first respondent also cannot entertain the application when the objections raised by the petitioner herein are pending as on the date of granting
the permission and the permission was sanctioned only after interim order is passed by this Court.