BRAHMASWAOOP GUPTA Vs. DIWAN CHAND MINOTRA

JUDGEMENT

(1.) THIS is an appeal from an order directing the issue of a writ of attachment in execution of a decree. On December 19, 1955, the appellant and the respondent submitted their disputes to the arbitration of Sri ram Chandra Singhi. On April 30, 1956 the arbitrator made his award. Clauses 2, 4 and 7 of the award read as follows: clause2:

(2.) THE appellant moved for the setting aside of the award. On December 18, 1956, the court held, inter alia, that the arbitrator had omitted to consider the question mentioned in paragraph 9 (j) of the petition and passed an order the material part of which reads as follows:

(3.) ON April 16, 1957, the arbitrator made a supplementary award deciding the question remitted to him. The supplementary award recited the making of the first award and the order of the court dated December 18, 1956. On march 24, 1958, the court passed judgment and decree in terms of the two awards. The principal sum of Rs. 20,000/- payable under clause 2 of the first award was paid on December 18, 1959. On March 24, 1960 the respondent filed a tabular statement claiming that a sum of Rs. 4313/- was due to him on account of interest at 6 per cent, per annum from the 14th May, 1956 up to the 18th December, 1959 on the aforesaid principal sum of Rs. 20,000/- and a further sum of Rs. 250/- was due to him on account of interest at 6 per cent, per annum from the 16th February, 1959 up to the 18th December, 1959 on the principal sum of Rs. 5,000/- payable under clause 4 of the award and prayed for the issue of a writ of' attachment of a decree passed in favour of the respondent against a third party and for realisation of the respondent's claim and costs. On August 31, 1960 the learned Judge passed an order directing the issue of writ of attachment as prayed for.