UNION OF INDIA Vs. RAM NATH AND CO

JUDGEMENT

(1.) In these two civil revisions common questions of facts and law are in volved and therefore they were heard toge ther.

(2.) Civil Revision No. 254 of 1973 arises out of the order dtd. 26/2/1973 pass ed by the Civil and Sessions Judge, Jhansi, in Miscellaneous Case No. 82 of 1972 being an application under Sec. 151, Civil Pro cedure Code read with paragraph 4 of Sche dules I and 11 of the Arbitration Act, 1940, to restrain the arbitrators from proceeding with the arbitration and to make and publish the award. The learned Judge has directed that the Umpire Shri S. C. Goael should proceed with the reference and give his award within two months of the date of the receipt of the papers and directed the parties to the arbitration agreement to appear before the Umpire on 13/3/1973. It was further directed that the record lying in his court be sent to the Umpire for determination and adjudica tion of the dispute between the parties. The arbitrators were restrained from proceeding with the arbitration. The parties were direct ed to bear their own costs of the case.

(3.)