V.K. MURTI Vs. C.V. RAMA AIYAR

JUDGEMENT

(1.) These two appeals are by the Plaintiff and are against one and same judgment dated September 30, 1967, passed by the learned Subordinate Judge, Third Court, Alipore, in. Misc. Case Nos. 93 and 95 of 1964.

(2.) The facts giving rise to the present appeals are briefly as follows:

(3.) After the said suit was instituted by the Plaintiff a petition was filed by the Defendant No. 1 under Sec. 34 of the Arbitration Act praying for a stay of the suit pending reference to arbitration under the arbitration clause contained in the Deed of Agreement dated March 29,1960, between the Plaintiff and the Defendant No. 1. A similar application was also filed on behalf of the Defendant No. 6, the company, which had been incorporated in the meantime. The said prayer of the Defendants for stay was opposed, by the Plaintiff, but the learned Subordinate Judge by his order dated March 7, 1963, stayed the hearing of the suit under Sec. 34 of the Arbitration Act. Thereafter, arbitration proceedings went on before the Bengal Chamber of Commerce and Industry in terms of the arbitration clause contained in the Deed of Agreement dated March 29, I960. On October 9, 1964, the Bengal Chamber of Commerce and Industry made an award in favor of the Plaintiff. On December 15, 1964, and December 16, 1964, two petitions were filed by the Defendants Nos. 1 and 6 respectively for setting aside the award under Sec. 33 read with Ss. 30, 15 and 16 of the Arbitration Act. The said two applications were registered as Misc. Cases Nos. 93 of 1964 and 95 of 1964 respectively. By an order dated September 30, 1967, the learned Subordinate Judge upheld the Defendants' objection and allowed the two miscellaneous cases. The Plaintiff has preferred the present appeals against the order allowing the two miscellaneous cases.