NARAYANDAS CHATRABHUJ MAWANI Vs. HIRALAL HARIBHAI THAKKAR

JUDGEMENT

(1.) BY this petition, the petitioner seeks to set aside the Award dated 17th January, 1984 made by the sole arbitrator in the reference to his arbitration made by consent of the parties in Suit No. 1388 of 1976 filed in this Court, which Award has been filed in this Court and numbered as Award No. 25 of 1984.

(2.) IN the Suit Bearing No. 1388 of 1976 filed by the respondents against the petitioner in this Court to recover the sum of Rs. 1,63,259. 65 together with interest on the principal amount of Rs. 1,37,284. 75 at the rate of 12% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till payment and the costs of the suit, by consent of the petitioner and the respondents the disputes and difference therein were referred to sole arbitration of Mr. Satish Gandhi, learned Counsel practicing in this Court, on 10th August, 1983 as per consent terms filed therein. The arbitrator was to have summary powers and entitled to call for such papers and documents from the parties as might be deemed fit and proper by him. The arbitrator entered upon the reference on 12th August, 1983 and time for making and publishing the Award by him was extended till 12th February, 1984. Before the arbitrator, the parties appeared through their respective advocates, filed pleadings, led documentary evidence and advanced arguments. The arguments before the arbitrator were concluded on 22nd December, 1983 and the reference was closed. On 17th January, 1984, the arbitrator made his award directing the petitioner herein to pay to the respondents herein the sum of Rs. 1,37,284. 75 together with interest thereon at the rate of 12% per annum from the date of the award till the date of the decree or payment whichever is earlier and further sum of Rs. 5,000/- towards costs. The said Award was published on 18th January, 1984 by the arbitrator addressing letter dated 18th January, 1984 to the parties and their advocates and forwarding along therewith copies of the said award. The said award is an unreasoned award. It has been filed in this Court and numbered as Award No. 25 of 1984.

(3.) DR. Jaisinghani has then relied upon the case of (Government of Kerala and another v. V. P. Jolly) reported in A. I. R. 1992 Kerala 187, where it has been held