BAIKUNTH MISSER Vs. GOURI SHANKER TEWARI

JUDGEMENT

(1.) IN title suit 38/14 of 1958/59 all the parties agreed that the matters in difference between them in the suit should be referred to arbitration and they, accordingly, applied in writing on 16-2-59 to the Court where the suit was pending for an order of reference under Section 21 of the Arbitration Act (Central Act 10 of 1940), hereinafter referred to as the Act. The Court made an order of reference on 25-2-59. Two arbitrators named in the petition of reference, were agreed to be appointed and were appointed to make a unanimous award which, when so made, as stated in the petition of reference, would be binding on parties.

(2.) THE award was made; it was filed in Court. An application was filed by the defendant petitioner for setting aside the award on several grounds. THE trial Court refused to set aside the award by its order dated 28-4-61. An appeal filed by the petitioner under Section 39 of the Act was dismissed by the lower appellate Court on 11-7-63. He has, therefore, come up in revision to this Court.

(3.) EVEN assuming that the wordings of the agreement aforesaid are not capable of the meaning and interpretation which I have put upon them, there is no substance either in the point of law as urged. Article 2 of the 1st Schedule reads-