CHOONI LAL Vs. MADHORAM

JUDGEMENT

(1.) This is an application by the petitioner for an order that an award made by the Bengal Chamber of Commerce may be filed in Court and that a decree be passed thereon for judgment in accordance with the terms of the award. Upon the matter first coming on before me the application was opposed by the respondents on the same grounds as those raised in Hurdwary's case (1908) 13 C.W.N. 63 with this important exception that it was not suggested in this case that the Arbitrators had allowed the time for making the award to expire before making their award.

(2.) In these circumstances I had to consider whether I ought not to remit this case to the Arbitrators.

(3.) On a more careful study of the Arbitration Rules of the Chamber of Commerce, however, it occurred to me that it was open to doubt whether the arbitral tribunal contemplated by the Rules of the Chamber of Commerce had ever been duly constituted on the ground that the Registrar had failed to appoint an Umpire. Accordingly, I set this matter down to be reargued.