LAWS(CAL)-1973-4-15

KRIPA SINDHU BISWAS Vs. SUDHA SINDHU BISWAS

Decided On April 06, 1973
KRIPA SINDHU BISWAS Appellant
V/S
SUDHA SINDHU BISWAS Respondents

JUDGEMENT

(1.) IN this important case there is some useful discussion on the law of arbitration. I have to plough through several authorities. Doctrines are laid down which would not be likely to introduce some further uncertainty into this branch of law. I did not enter at length into the technical arguments that were addressed to us, as any observation made on the same, might open the way to easy defeat of the provisions of the Arbitration Act, 1940 (hereinafter referred to as the Act). The time has long pone by since this Court showed any disposition to sit as a Court of Appeal on awards in respect of matters of fact.

(2.) THE case has a chameleon-like history. It has greatly protracted the hearing and added to the costs. In this unfortunate litigation the disputants are own brothers. THE defendant No. 1 appellant is a legal practitioner in the Howrah Court THE plaintiff respondent No. 1 is a medical man.

(3.) FOR the purpose of duly considering the decree appealed against, it will be necessary to take a short view of the circumstances which gave rise to the dispute and which led to the making up of an award by the arbitrators. It is shaped in the following way.