VALLABHDAS MEGHJI Vs. CAWASJI FRAMJI AND CO

JUDGEMENT

(1.) In this matter the petitioner prays that the appointment of Vithaldas Damodar Govindji as sole arbitrator under Section 9 (6) of the Indian Arbitration Act made by the respondents may be set aside and that it may be declared that the power of appointing arbitrators under the partnership agreement having once been exercised by both the partners has been exhausted and that reference to Vithaldas Damodarj Govindji be revoked. In the alternative the petitioner asks that a tit and proper person nominated by the petitioner may be appointed as an arbitrator on petitioner's behalf to act along with the said Vithaldas Damodar Govindji.

(2.) The whole argument as to the revocation of the appointment of Vithaldas Damodar Govindji is based on Section 9 of the Indian Arbitration Act. It has been argued that that section applies only where one of the arbitrators dies or becomes incapable or refuses to act, but that where both the arbitrators refuse to act, the arbitration comes to an end and that there is no power in the parties or in Court to appoint other arbitrators in place of the arbitrators so refusing to act.

(3.) In this case it appears that the arbitrators, after proceeding for about eighteen months, declined to act any further. There upon after some time the respondents appointed Mr. Vithaldas Damodar Govindji as their arbitrator and called upon the petitioner to appoint his arbitrator under Section 9 (6), and as the petitioner refused to appoint his arbitrator, the respondents appointed Vithaldas Damodar Govindji as sole arbitrator in the matter under Section 9 (6).