JHELARAM Vs. BHOPRAJ

JUDGEMENT

(1.) THIS revision has been filed against the order dated 23.9.91 of 2nd Addl. District Judge, Neemuch, passed in Civil suit No. 34 -A/91, whereby the order regarding interim custody of the truck, passed by the Arbitrator vide order dated 23.8.91 has been affirmed.

(2.) THE brief history of the case is that N.A.1 as plaintiff filed an application u/s. 18 of the Arbitration Act. One Mohanlal Sharma was the sole Arbitrator. Regarding the dispute of the truck it was alleged that there was an agreement of Arbitration between N.A. Nos. 1 and 2 and thereby Shri Mohanlal Sharma while acting as sole Arbitrator, was requested to pass interim award under section 27 of the Arbitration Act. The Arbitrator passed an interim order for custody of the truck which was for the time being with the applicant hereunder an agreement of transfer between him and N.A. 2 Mohammad Salim. An objection was raised by the applicant here, but the same was rejected and the interim custody of the truck was given to N.A. 1. Hence, this revision.

(3.) NOW , therefore, it will have to be seen as to whether there was an agreement of arbitration between Bhopraj and Mohd. Salim and whether the applicant is a person claiming under Mohd. Salim and for that reason whether he is bound by the agreement of arbitration. Secondly whether the applicant had notice of the arbitration proceedings and whether the interim order of arbitration is binding on him.