GOPALJI KUVERJI Vs. MORARJI JERAM NARANJI

JUDGEMENT

(1.) The petitioner Morarji Jairam Naranji petitions under the Indian Arbitration Act as follows :-- 1. That by a writing in the Gujarati language and character made in Bombay on the 21st day of March 1918 between the 1st respondent of the 1st part, the petitioner of the second part, and the second respondent Pitamber Vithalji of the third part, certain disputes between the said parties in respect of contracts for sales and purchases of piece goods of ready and forward delivery were referred to the joint arbitration of Messrs. Lalji Govindji, Morarji Mathurdas Kamdar (a solicitor of this Hon ble Court and solicitor for the 1st respondent) and Mansukhlal Oghadlal upon and subject to the terms and conditions mentioned in the said writing. By the said writing it was provided that the said arbitrators should publish their award within two months, and power was given to the said arbitrators to further extend the said time by one or two months. A copy of the said writing is hereto annexed and marked A.

(2.) The said arbitrators entered upon the said references and, after partly proceeding with the reference, they, by their letter of the 12th April 19181 addressed to the aforesaid parties to the said reference, informed them that they declined to continue to act further as arbitrators. A copy of the said letter is hereto annexed and marked B.

(3.) Thereupon the petitioner by his attorneys letter, dated the 24th April 1918, addressed to the respondents informed them that under the events that had happened the petitioner was entitled to have three arbitrators appointed in place of the said three originally appointed arbitrators under the provisions of Section 8 of the above Act and suggested the name of the said Mr. Mansukhlal Oghadlal (whom he had induced to act again as arbitrator) as one of the said newly to be appointed arbitrators and called upon them to concur in his appointment and to suggest the names of two other persons as arbitrators within seven clear days after the service of the said letter. A copy of the said letter is hereto annexed and marked C and the office translation of the consent in writing of the said Mr. Mansukhlnl Oghadlal to again act as arbitrator, dated the 15th day of May 1918, is hereto annexed and marked D.