LOUIS DREYFUS AND COMPANY Vs. ARUNACHALA AYYA

JUDGEMENT

(1.) THE question in dispute in this appeal is whether the award of an umpire dated February 19, 1923, should be set aside or not.

(2.) WALLER J., sitting on the original side of the High Court of Judicature at Madras on May 6, 1926, dismissed an application of the present respondent to set it aside. By a decree dated September 12, 1927, of the High Court (appellate jurisdiction) the decision of Waller J. was reversed and the award was set aside. The appellants thereupon appealed to His Majesty in Council to have the judgment of Waller J. restored.

(3.) ON April 25, 1918, an agreement in writing was entered into between the appellants of the first part and R. K. Rajagopala Ayyar (since deceased) and the respondent of the second part. At that time Rajagopala and the respondent were carrying on business together in partnership as Messrs. R.K. Rajagopala Ayyar and Brother, and Rajagopala was managing the affairs of the firm.