LAKSHMIRA1TAN COTTON MILLS CO LIMITED AND BEHARI LAL RAM CHARAN Vs. ALUMINIUM CORPORATION OF INDIA LIMITED

JUDGEMENT

(1.) Prior to 18/01/1944 M/s Lakshmiratan Cotton Mills Co. Ltd, (hereinafter referred to as the appellant-company), Aluminium Corporation of India Ltd. (hereinafter referred to as the corporation), J. K. Limited, Beharilal Kailashpat India Supplies, Northern India Trading Co., and Northern India Brush Manufacturing Co. Ltd., were all jointly managed by two groups, who may conveniently be called the Singhania and the Gupta groups. Disputes having arisen between them, they were referred to arbitration by a deed of reference, dated 9/12/1943. It is not necessary to go into the details of the award, dated 18/01/1944, by which these disputes were adjudicated upon except that from and after the date of the award the aforesaid concerns were brought under the management and control of one or the other of the sold two groups. The corporation come under the control and management of the Singhania group.

(2.) CL. 9 of the award provided as follows:

(3.) ON the question of limitation, the Trial Court raised three questions for its determination; (1) whether the letter (Ex 1) was binding on the corporation, (2) whether it amounted to an acknowledgement, and (3) if so, whether it would extend the period of limitation so as to save the claims made by the appellants from being barred. ON consideration of the evidence, both oral and documentary, the Trial Court held in favour of the appellants on all the three questions and passed decrees in both the suits.