BANKELAL SINGH Vs. GANESH NARAIN BRIJLAL PVT. LTD.

JUDGEMENT

(1.) This is an application for setting aside an award dated March 7, 1968, made by Mr. S. Tibrewalla, Barrister -at -law.

(2.) The circumstances under which this application has been made arc stated as follows:

(3.) Mr. Bhabhra, on behalf of the Petitioner, has submitted that the application should be dismissed on two grounds. According to him, the application was made by the Petitioner and the Respondent company before the appeal Court under Sec. 21 of the Indian Arbitration Act, 1940. The Respondent Sitablal was not a party to the said application and, as such, the reference to arbitration is invalid in law. Further, he has argued that assuming the said application was made under Sec. 24 of the Act the Arbitrator in holding the Petitioner, and the Respondent Sitablal jointly liable for payment of Rs. 9,000 has acted in breach of Sec. 24 inasmuch as the award is not severable. Relying on Narsingh Das v/s. Firm Gogan Ram A.I.R. 1955 Punj. 31 he has argued that although the Court has power to modify or correct the award, in the facts of this case the Arbitrator in making the said Sitablal liable jointly with the Petitioner has made the award one compact whole and in severable. In the premises the award should be set aside.