KHIMCHAND NAROTAMDAS BHAVSAR Vs. BHOGILAL HIRACHAND SHAH

JUDGEMENT

(1.) The plaintiff sued for dissolution of partnership. The suit was filed on the 8th February 1918. On the 13 February 1918, an order was passed under the 3rd clause of the Second Schedule of the Civil Procedure Code referring the matters in dispute to two arbitrators Mr. Thakordas and Mr. Trikarulal. Later on the parties informed the Court that they had cancelled the reference to these gentlemen, and had privately appointed Mr. Trikamlal alone as the sole arbitrator. That was consequently an arbitration without the intervention of the Court. Mr. Trikamlal delivered his award on the 18 of April 1919. On the 15 August 1919, the plaintiff presented an application to file the award as an adjustment under Order XXIII, Rule 3, of the Civil Procedure Code. But previous to that, on the 25 June 1919, he had filed a suit on the award, Suit No. 572 of 1919.

(2.) Then on the 18 March 1920, the parties made an application to the Court that as certain contentions had been raised against the award by the 1 and 2nd defendants, for the sake of settling disputes between the parties, the Court would be pleased to appoint Mr. Trikamlal as an arbitrator through the Court and, after taking evidence which the parties might have to adduce, he should give his award and the parties should treat that award as final. On the same day the Court appointed Mr. Trikamlal sole arbitrator with the consent of the parties, and he was to submit his award on or before the 15 April 1920. Mr. Trikamlal was unable to submit his award by that date and eventually returned the papers, so that the arbitration proceedings fell to the ground.

(3.) On the 17 November 1920, the plaintiff withdrew Suit No. 572 of 1919, and continued his application under Order XXIII, Rule 3.