BHIKARILAL Vs. DIBYASINGH BRAHMA

JUDGEMENT

(1.) PLAINTIFF is the petitioner in this civil revision from an order of the Subordinate judge of Bhubaneswar whereby he dropped further proceeding in the plaintiff's suit being an application under Section 20 of the Arbitration Act for filing an arbitration agreement in Court.

(2.) PLAINTIFF and defendants 1 and 2 were partners under a partnership deed, dated september 26, 1949 in which there was an arbitration clause for reference of any dispute between the parties to arbitration. After dispute arose the plaintiff applied under Section 20 of the Arbitration Act numbered O. S. No. 16 of 1960, the opposite party defendants in the suit being defendants 1 and 2 who were duly noticed. Defendants 1 and 2 filed written statement and issues were framed accordingly. The dispute between the parties was referred to three arbitrators to make an award in writing. On July 30, 1962 the arbitrators filed two awards. According to the majority award the plaintiff was to pay certain sum to the defendants while according to the minority award the plaintiff was to get certain sum from the defendants. After receipt of the award notice was given to both parties regarding filing of the awards. The parties were called upon to file objections to the awards by a certain date. Both parties filed objection. The plaintiff wanted to have the majority award set aside while defendants 1 and 2 wanted to modify the awards. Both the objections were set down for hearing on November 17, 1962, On that date the defendants raised a new plea that the subsequent proceeding after the filing of the award is to be dropped as it is not within the scope of Section 20 of the Arbitration Act. The defence point is that all proceedings after July 30, 1962 when the awards were filed are to be dropped. On January 8, 1963 the learned Subordinate Judge accepting the defendants' plea made an order that further proceeding in the suit be dropped, and the iuit was disposed of accordingly. Hence this civil revision filed by the plaintiff.