LAWS(BOM)-2006-5-47

MAGANLAL DALICHAND SATOKCHAND Vs. NARPATRAJ BESARAL MEHTA

Decided On May 05, 2006
MAGANLAL DALICHAND SANTOKCHAND Appellant
V/S
NARPATRAJ BESARMAL MEHTA Respondents

JUDGEMENT

(1.) This is an Appeal against the order of the learned Single Judge, dismissing the petition filed by the Appellant, challenging an award dated 31.3.2004 made by the learned arbitrator.

(2.) By an order dated 30.9.2003, Suit No.2335 of 1994 filed by the Respondents was disposed of in terms of the minutes of the order signed by the parties and their Advocates. Clauses 1 and 6 of the minutes of the order read as under :

(3.) The arbitration proceeding were conducted pursuant to the above terms. The only ground urged before us was that in view of clause 6 of the minutes of the order, the arbitrator s mandate came to an end on 30.1.2003. The Appellant s Advocate addressed a letter dated 11.3.2004 to the arbitrator contending that his mandate had come to an end and, as such, the arbitration proceedings could not continue.