S SURJIT SINGH MAJITHIA Vs. GIRIJIT SINGH MAJITHIA

JUDGEMENT

(1.) , J.

(2.) THIS petition is under Sections 8 and 28 of the Arbitration Act. 1940 (for short "the Act").

(3.) THE position here is that the arbitrators did not appoint an umpire at all. Will that vitiate the whole proceedings ? Mr. Shankardas referred to a Bench decision of the Bombay High Court in M/s. Modern Builders v. Hukmatra N. Vadirani, AIR 1967 Bom 373(2) In this case the arbitrators made their award but did not appoint an umpire as required under Clause 2 of the First Schedule of the Act. It was contended that clause 2 was mandatory and that failure of the arbitrators to appoint an umpire as required by that clause rendered their award invalid. THE Court negatived this submission and held that Clause 2 was directory and not mandatory. It further held that reading Clause 2 in the context of Clauses 4 and 5 and Section 8 non-compliance with Clause 2 was not intended to have the consequence of nullifying the proceedings before the arbitrators It further held that the time limited of one month satisfied under clause 2 was also no intended to be mandatory.