CURSETJI JAMSHEDJI ARDASEER WADIA Vs. R D SHIRALEE

JUDGEMENT

(1.) THIS is a petition to set aside an award made by one Mr. G, A. Kamtekar on September 8, 1941.

(2.) THE petitioners are the present trustees of the trusts created by the last will and testament of the late Mr. Ardeshir Hormusji Wadia. As such trustees they own numerous properties consisting of large tracts of open land at Kurla and several properties in the adjoining six villages. One property is at Parel also. Except the second petitioner the remaining trustees reside in Bombay. THE second petitioner has been living in England and has an English wife. He comes to Bombay at intervals of two or four years, stays a month or so here and returns to England. In respect of the management of the trust properties, since 1882 there is a trust office at Kurla. For the Parel property a separate mehta is employed. He collects the rent which is used for charities in Bombay according to the trust-deed.

(3.) THIS clause deals with the rights of the parties at the end of the period of lease if a fresh lease is not taken by the lessee. When the period of lease was about to come to an end the trustees offered a fresh lease to the respondent but he intimated that he did not want the same. Thereafter the respondent appointed Mr. Kamtekar as arbitrator on his behalf to value the structures and called upon the petitioners to appoint their arbitrator. The trustees declined to do so. The respondent then purported to treat Mr. Kamtekar as the sole arbitrator authorised to act under Clause 5 of the lease, and after giving notice of the various meetings which he was holding, Mr. Kamtekar made his report, which is called the award.