GANESH CHANDRA MISRA Vs. ARTATRANA MISRA

JUDGEMENT

(1.) THE facts leading to the Civil Revision may be stated in extenso. On 7-6-1958 ganesh Chandra Misra (the petitioner) and Artatran Misra (opposite party 1)executed an arbitration agreement in favour of Narasingh Mohapatra (opposite party 2), Lingaraj Misra (Opposite Party 3) and Lokanath Misra (Opposite Party 4)appointing them as arbitrators to decide their dispute and agreed that their decision would be binding on them. The arbitrators entered on the reference on 10-7-58. Both the partjes applied for time before the arbitrators on 10-7-1958, 13-9-58. 3-12-58 and 16-1-1959. On 14. 4. 1959 Artatran Misre alone filed an. application for time and again on 3-5-1959 both the parties applied for time. 8 witnesses were examined by the petitioners and 2 witnesses by Artatran a from 26-5-1959 to 28-5-1959. The award was passed on 26-6-1959 and was signed by all the arbitrators. On the award itself both the petitioner and Opposite Party 1 noted "seen" on the very day. The award was filed by Lokanath Misra (Opposite Party 4) in the Court of the munsif, Parlakhimedi, on 25-7-1959, and the application was registered as M. J. C. No. 19 of 1959. In due course notice was issued on Artatrana who appeared through his lawyer on 23-10-1960. He, however, took adjournments for filing objections on 16-1-1961, 25-1-1961 and 8-2-1961. Ultimately he filed an application on 11-5-1931 under Sec. 33 of the Indian Arbitration Act X of 1940 (hereinafter referred to as the Act) challenging the validity of the award. Subsequently the following objections were raised by Artatrana

(2.) THE leayned Munsif came to the following conclusion :