RAMANATH AGARWALLA Vs. GOENKA AND CO

JUDGEMENT

(1.) THESE appeals were first heard by a Division Bench consisting of K. C. Das Gupta. J. and B. K. Guha. J. On the 18th September, 1958. the Division Bench referred certain questions of law to a Full Bench for determination. When the matter came up before the Full Bench, the reference was found to be incompetent on the ground that the whole case had not been referred. The Full Bench sent the case back to the Division Bench by its order of the 30th April, 1962. The appeals then came up before another Division Bench presided over by Baneriee, J. sitting with D. Basu. J. The Second Division Bench has referred the entire case in the three ap-peals to the Full Bench under Chap ter VII. Rule 2 of the Appellate Side Rules including the que tions of law that were referred by the previous Division Bench.

(2.) THE facts are that on October 4, 1953. Jwala Pro ad Sharma and J. N. Minda. Arbitrators in the matter of Goenka and Co. (Sales) Ltd., Messrs. Goenka and Co. and Ramnath Asarwalla filed an award before the Court of the Subordinate Judge at Darjeeling along with an application praying for a decree in terms of the award. THE application was registered as O. C. Suit No. 81 of 1953. It is stated in the application that M/s. Goenka and Co., Goenka and Co. (Sales) Ltd. and Sm. Ramasundari Devi, Administratrix to the estate of N. C. Goenka and Messrs. Goenka and Co.. on the one hand, and Ramnath Asarwalla. on the other hand, had by a written agreement dated the 8th October. 1951, appointed the two applicants, namely, Jwala Prosad Sharma and J. N. Minda as Arbitrators to make an award on disputes between the parties relating to their mutual accounts and "their respective rights and liabilities regarding the business of Messrs. Goenka and Co. and Messrs. Goenka and Co. (Sales) Ltd.

(3.) IT is to be observed that by the terms of the agreement the Arbitrators were to look into certain account books and to find out what amounts were payable by one of the parties to the agreement to the other party or parties.