NYALCHAND GULABCHAND WEAVING FACTORY Vs. HIMATLAL RAMESHCHANDRA

JUDGEMENT

(1.) THIS is an application in revision against an order in an arbitration proceeding before the City Civil Court after the filing of the award.

(2.) IT appears that there were business dealings between the petitioner and the opponent and the disputes between the parties were referred to arbitration of two arbitrators. The arbitrators made an award directing that the petitioner should pay an amount of Rs. 24,150/- in cash by 31st May 1960 in one or two instalments. At the time when the notice of motion was taken out for making a decree in terms of the award, the petitioner made an application that the amount decreed by the award should be made payable by instalments of Rs. 500/- per month. The learned Judge dismissed the notice saying that he had no jurisdiction to grant instalments by interfering with the award made by the arbitrators.

(3.) SECTION 41 of the Arbitration Act provides that: