SHOVANA BHOWMICK Vs. BIRENDRA KUMAR BHOWMICK

JUDGEMENT

(1.) THIS Rule arises out of a suit on an arbitrator's award. The award was filed by the arbitrators in Court under Section 14 of the Indian Arbitration Act and, eventually, a decree was made by the learned trial Judge on the said award under the relevant Section 17 of the Act. THIS decision, however, was eventually reversed by the learned Additional District Judge on appeal and the petitioner's suit was dismissed, primarily, upon the view that the award was invalid, as there was no proper reference to arbitration under the law, there not being, in the circumstances, the requisite agreement in writing for reference to arbitration.

(2.) FOR appreciating the real position, a reference to the material facts will be necessary. Those material facts lie within a short compass and may be set out as follows:

(3.) HARIPADA Bhowmick died on April 28, 1959. On April 7, 1960, Birendra applied for probate of the above Will. On September 1, 1960, the probate appears to have been granted on consent. On November 7, 1962, Sovana Bhowmick made a reference for her monthly maintenance and for provision for her residence. The arbitrators, however, for reasons beyond their control, could not take any effective steps in the matter until May 7, 1964, when, on receipt of a further complaint from Sovana on or about May 6, 1964, they gave the effective notice, received by Birendra on or about May 7, 1964, fixing June 27, 1964, for hearing. On June 27, 1964, the arbitrators met at a meeting and, on August 23, 1964, the disputed award was made. On the same day, the arbitrators wrote to the parties, informing them that they had met and signed their award on August 23, 1964. A copy of the award appears to have been sent to Birendra on September 12, 1964. On September 15, 1964, Sovana applied for the filing of the award and for the passing of a decree thereon. On October 3, 1964, Birendra filed his petition of objection. On November 11, 1964, the award was sent for registration and, on December 11, 1964, the award was registered. Thereafter, there were certain interlocutory proceedings, in which, by consent, Birendra was appointed Receiver in respect of one of the properties with certain directions and eventually, on March 16, 1966, the learned Subordinate Judge, Second Court, Alipore, before whom the above proceeding was pending, directed the award to be filed and a decree to be made on the same.