SHYAM SUNDER SWAIKA Vs. GANGA VISHNU SWAIKA

JUDGEMENT

(1.) DISPUTES and differences having arisen in the family of the Swaikas on or about May 4, 1972 a partition and administration suit being Suit no. 191 of 1972 (Shyam Sunder Swaika v. Ganga Vishnu Swaika and others') was instituted. On the very same date an interlocutory application for appointment of a receiver was moved before this Court on behalf of the plaintiff. In course of hearing it was felt that there was every likelihood of a protracted litigation whereby the family would suffer irreparable loss and prejudice, if the suit was allowed to be proceeded. There were several businesses involved besides movable and immovable properties.

(2.) AT the intervention of the respective lawyers it was thought that the disputes and differences might be solved by referring the subject-matter of the disputes involved in the suit, to the arbitration of two persons in whom both sides held implicit faith and confidence. The parties agreed and the application was adjourned. Accordingly, by a joint petition made on or about May 31, 1973, the subject-matter of the disputes in this partition and administration suit, were ordered to be referred to the arbitration of P. D. Dabriwal and Raja Ram Bhiwaniwala.

(3.) BOTH the lawyers as also the parties were convinced that the matter could be completed within a fortnight from the date of the order with such summary powers as were given to the arbitrators. A provision was also made that the Umpire was to dispose of the reference within 15 days from the date of reference before him and he also would have similar summary powers in that regard. Paragraph 10 of the joint petition made it clear that the parties intended that the disputes and differences would be settled within a very short time by such arbitration. A provision has also been made therein that in case, for any reason, the arbitration could not be completed within the time stipulated then the reference to arbitration would stand superseded and the pending application of the plaintiff in the suit would come up in the list for disposal.