JAGJIT SINGH AND SONS Vs. GARRISON ENGINEER

JUDGEMENT

(1.) When an arbitrator is deemed to have "entered on the reference" within the meaning of para 3 of Schedule-I of the Arbitration Act? is an important question of law to be decided in this petition.

(2.) The aforesaid para provides that the arbitrators shall make their award within four months after entering upon the reference or after having been called upon to act by notice in writing by any party to the arbitration agreement or within such extended time as the Court may allow. The point was first considered in the Queen's Bench case entitled Baker v. Stephens (1867) 2 QB 523 wherein Blackburn J. Held :

(3.) In Nand Kishore Goswami v. Balli Co-operative Credit Society Ltd., AIR 1943 Cal 255, it was held: