RAYALASEEMA BANK LIMITED Vs. THARIGOPALA PEDDA NARAYANAPPA

JUDGEMENT

(1.) THESE three connected appeals filed under Clause 15 of the Letters Patent against the decision of Sanjeevarao Naidu, J. L.P.A. 77/60 and L.P.A. 107/59 arise out of the learned Judges decision in A. S. No. 252 of 1957. L.P.A. No. 101 of 1959 arises out of the order of the learned Judge in C.M.P. No. 7142 of 1959 in A, S. No. 252 of 1957.

(2.) WE will first deal with L.P.A. 77/60 which arises out of A. S. 252/57. That appeal was filed against the judgment and decree of the Additional District Judge, Anantapur in O.P. No. 39/52 converted as O. S. 23/56. It will be necessary to state briefly the facts connected with that suit.

(3.) THE Bank filed O.P. No. 39 of 1952, which was later converted into O.S. No. 23 of 1956, praying for the setting aside of the award passed by the arbitrator on the grounds: first, that he was guilty of misconduct and secondly, that the award was not pronounced within four months after the arbitrator had entered upon the reference.