KUNHAMMAD KEYI Vs. KADEERKUTTY KEYI

JUDGEMENT

(1.) IN this revision petition, on behalf of the defendant petitioner, Mr. V. Rama Shenoi, learned counsel, challenges the decree of the learned Subordinate Judge of Tellicherry, accepting the claim of the plaintiff-respondent on the basis of an award, passed by an arbitrator on a reference by agreement of parties, on 3-2-1961, The main contention taken by the learned counsel for the petitioner before the court below, as well as before this Court, is that the suit for enforcing a claim arising out of an award passed by an arbitrator - no doubt appointed outside court under the provisions of the Arbitration Act, 1940 (Central Act 10 of 1940) - is not maintainable and that such a suit is barred by S. 32 of the said Act.

(2.) IN order to appreciate the contentions that have been taken by Mr. Rama Shenoi learned counsel for the petitioner, as well as by Mr. V. R. Krishna Iyer, learned counsel for the respondent, it is necessary to set out the circumstances under which the claim in the suit came to be made by the respondent-plaintiff.

(3.) IT will be seen that the defendant was making the collections and depositing the amounts before the arbitrator, who was also disbursing the same tentatively in proportion to the shares that the parties may be ultimately found entitled to. The defendant ultimately made only a total return, in respect of the collections for the said period, in the sum of Rs. 3447-89 P. Objection appears to have been raised to the quantum of the collections shown by the defendant. After considering the objections, as well as the claim made by the defendant, the arbitrator ultimately fixed that the defendant must have made a total collection, during the said period, in the sum of Rs. 4955-27 P. And, on that basis, after taking into account the disbursements made by him to the parties from time to time, the arbitrator ultimately, directed in Para. 8 of the award, Ext. A-1, that the defendant, apart from his being liable to make the payment representing the balance share to his sister, should pay an additional sum of Rs. 602-94 P. to the plaintiff. That is the only aspect that has to be adverted to in respect of the matters covered by the award Ext. A-1.