STATE OF KERALA Vs. RAMACHANDRAN NAIR

JUDGEMENT

(1.) THESE appeals are by the State of Kerala, the defendant in O. S. No. 127 of 1952 of the Subordinate Judge's Court, Trivandrum. A. S. No. 46 of 1960 is from the decree, dated 31st March 1959 and CM A. No. 6 of 1960 is from the order passed In the above suit on the same day rejecting the objections of the appellant to the award of the arbitrators. The respondent in the two appeals is the plaintiff in the suit. .

(2.) THE only question arising for decision in these appeals is whether the award passed by the arbitrators on the 22nd of April 1957 is liable to be set aside on the ground that the two arbitrators who gave an unanimous decision had misconducted themselves or the proceedings. THE appellant takes the stand that there is misconduct and that the award is liable to be set aside under clause (a) of S, 30 of the Arbitration Act, 1940. It is admitted that clauses (b) and (c) of S. 30 of the Arbitration Act have no application. THE court below negatived this contention and accepted the award.

(3.) THE plea that the Registrar was incompetent to enter into a contract stipulating a term often years was not raised even before the arbitrators. Needless to say that they could not have misconducted themselves or the proceedings in not considering that plea.