(1.) WHAT is the effect of section 37 (4) of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') when a time-limit is fixed in the agreement to issue notice to appoint an arbitrator is the main issue to be decided in these cases. These four appeals arose out of a common judgment disposing of four arbitration requests filed under sections 5, 20 and 37 (4) of the Indian Arbitration Act, 1940. Appellants in all these cases are the same company and the issue to be considered in all these cases is one and the same. So, we are disposing of all the four appeals by this common judgment as agreed to by the parties.
(2.) THE arbitration clauses in the four contracts which are the subject-matter of the cases are the same. We quote below the relevant sub-clause of the arbitration clause in the agreement:
(3.) SECTION 37 (4) of the Act is as follows: