SONELAL Vs. LALTA PRASAD

JUDGEMENT

(1.) THIS is an appeal under S. 39, Arbitration Act 1940 from an order of the Civil judge First Class, Lashkar directing that an arbitration agreement between the parties be filed.

(2.) THE facts are that on 8 -2 -1941 the appellant and the respondent entered into a partnership business of manufacture and sale of handloom cloth and durries. The business was carried on for over a year and on 9 -4 -1952 the parties entered into an agreement to terminate the business and to have their disputes about accounts of the partnership business settled by four arbitrators namely Messrs. Babulalji, Radhelalji, Motilalji and Baburamji. The agreement was in writing. Thereafter the arbitration proceedings commenced on 26 -4 -1952. The arbitrators did not make any award and two of the arbitrators refused to continue to act as arbitrators.

(3.) FOR the above reasons I uphold the order of the lower Court directing that the arbitration agreement be filed. If some of the arbitrators have refused to act it is open to the Court to appoint an arbitrator or arbitrators after the provisions of S. 8 have been complied with. Accordingly this appeal is dismissed with costs.