NEMICHAND SOWCAR Vs. KESARIMULL SOWCAR

JUDGEMENT

(1.) This is an application for a decree in terms of an award which is said to have been given by certain arbitrators.

(2.) The award was brought to Court by one of the arbitrators at the instance of the petitioner. There is a dispute as to the validity of the award. The petitioner says that the award was by five arbitrators but we find that only one has signed it and he has presented it in Court. The respondents say that the reference was only to two arbitrators of whom only one has signed the award. In any view it seems to me that the award cannot be enforced as an award because it is not signed by five arbitrators as stated by the petitioner or by two as stated by the respondents.

(3.) Under the Indian Arbitration Act there has to be a written submission to arbitration and under the Original Side Rules it is the arbitrators that have to file the award in Court with the submission at the request of the parties.