BABULAL CHURIWALA Vs. AUROBINDO AGENCY

JUDGEMENT

(1.) THIS is an application for setting aside an award made by Shri G. P. Lath, a solicitor of this Court. Acting as the sole arbitrator Shri Lath made the award on the 28th of September. 1965 awarding a sum of Rs. 26,821.11 p in favour of the award (sic) is being challenged in this proceeding.

(2.) THE award is being challenged mainly on two grounds, namely

(3.) BEFORE dealing with the respective contentions of the parties and for proper appreciation thereof, it is necessary to consider certain facts. M/s. C. K. Agarwalla is a partnership firm of which the first three - petitioners are partners. The petitioner No. 4 is a minor, is said to have been admitted to the benefits of the said partnership. On the 8th of August, 1962 the said firm of M/s, C. K. Agarwalla entered into an agreement with M/s. Shri Aurobindo Agency, the respondent herein. The said agreement between M/s. C. K. Agarwalla and M/s. Shri Aurobindo Agency contains an arbitration clause which is to the following effect: