SARDAR JOGINDERSING GOOLRY Vs. SARDAR JASBIRSING SOHELSING

JUDGEMENT

(1.) The appeal is against the order of learned City Civil Court, Ahmedabad, dated 20-12-1989/5-1-1990 on Misc. Civil Application No. 144 of 1984.

(2.) The Misc. Civil Application No. 144 of 1984 was registered as application under Sec. 14(2) of the Arbitration Act vide which the sole arbitrator Sardar Jasbirsingh Sohelsingh has filed the original award along with record and proceedings of arbitration before the Court.

(3.) The appellant along with respondent Nos. 2 to 9 were carrying on business in partnership in the name and style of M/s. Jogindersingh Paramjitsingh in the City of Ahmedabad. Disputes have arisen among the partners. The partners vide their agreement dated 1-1-1980 referred their disputes to the arbitrator respondent No. 1 Sardar Jasbirsingh Sohelsingh as a sole arbitrator, who published his award on 7-6-1980. Objections to the award were filed even before the same was produced in the Court, and were separately registered as Misc. Civil Application No. 479 of 1980. It was during those proceedings that the sole arbitrator presented the award before the Court. The other objections to the arbitration raised in Misc. Civil Application No. 479 of 1980 were dismissed by order dated 8-8-1983 and thereafter by making a fresh registration of Misc. Civil Application No. 144 of 1984 the proceedings under Sec. 14(2) of the Arbitration Act were commenced by the learned City Civil Judge. The respondents raised multiple objections to the making of the award; which included (1) alleged misconducts on the part of the arbitrator; (2) the award being non-speaking one; (3) the award having been published beyond four months of the making of the reference, was beyond the time-limit prescribed for making the award under Rule 3 of Schedule 1 appended to the Arbitration Act, 1940 and no extension having been obtained was nullity and that (4) award resulted in affecting the immovable property Rs. 100.00 was to be compulsorily registered but since it was not registered it cannot be made basis for proceeding under Sec. 14(2) of the Act.