STATE OF ORISSA Vs. GANESHDAS KALURAM PVT LTD

JUDGEMENT

(1.) THE defendant is the appellant. Plaintiff was the purchasing agent under the defendant during the kharif year 1953-54. Since dispute arose between the parties regarding payments, the matter was referred to three Arbitrators. THE Arbitrators after hearing the parties have signed the award and gave notice for signing the award to both the parties. Plaintiff approached the Court for directing the arbitrators to file the award. THE defendant filed objection to the award on the ground that the Arbitrators misconducted themselves and they have gone beyond the terms of the agreement and the award is vitiated inasmuch as the arbitrators allowed some ex gratia payment to the plaintiff. Objections filed by the defendant were overlooked by the trial Court and hence this appeal.

(2.) THE appellant contends that the order of the arbitrators for refund of penalties and payment of detention charges of paddy as well as interest on the capital blocked is wrong. THEse were undoubtedly within the scope of the arbitrators. This appellant has come up in appeal to set aside the award of the arbitrators and I do not find any reason to interfere with the decision of the arbitrators on these points.