LEE WAN SHANG Vs. LEE THOU SEN

JUDGEMENT

(1.) The instant Revisional Application has been preferred by the claimant Petitioners against the judgment and Order dated May 20, 1992 passed by the learned Additional District Judge, 10th Court, Alipore, 24 -Parganas (South) in Misc. Appeal No. 427 of 1990 thereby allowing the Misc. Appeal in part and modifying the Arbitrator's award filed in T.S. 61 of 1986. It may be noted that the Misc. Appeal was preferred against the Order of the Assistant District Judge, 3rd Court, Alipore dated September 1, 1990 passed in Misc. Case No. 11 of 1989 under Sec. 33 of the Arbitration Act, 1940 whereby the learned Assistant District Judge dismissed the same.

(2.) The Petitioners filed an application under Sec. 33 of the Arbitration Act (hereinafter referred to as the Act) for setting aside the award passed by the arbitrator Shri Profulla Kumar Roy filed in Court below on August 12, 1988 and opened on February 21, 1989 on the ground of that the arbitrator misconducted himself and the proceedings. Various allegations were levelled against the arbitrator in the aforesaid application by the Petitioners as instances of his misconduct. The learned Trial Court dismissed the application under Sec. 33 of the Act on the ground that it was barred by limitation and that in the said application -

(3.) Before I go into the merits of the application some admitted facts on record may be noted for the purpose of proper appreciation of the instant application.