DURGA PROSAD CHAMRIA Vs. SEWKISHENDAS BHATTAR

JUDGEMENT

(1.) The purpose of this appeal is to secure the setting aside of an interim award made on 9 January 1941, by Sir Manmatha Nath Mukherjee, sitting as sole arbitrator appointed by agreement of the parties to a partnership suit. An application by appellant 1 to set aside, remit or modify the award was dismissed by the High Court at Calcutta on 7 March 1941, and on 10 March 1941, the same Court made a decree that the award should be carried into effect. An appeal was taken to the High Court in its appellate jurisdiction and on 28 May 1946, that appeal was dismissed. It is from the judgment and orders made on that appeal that the present appeal reaches this Board.

(2.) It is necessary to make some reference to the facts that led up to the arbitration in order to appreciate what it is of which the appellants complain. The arbitration concerned the affairs of a partnership business known as Hurdutroy Chamria "or Hurdutroy Chamris and Co. The business seems to have been originally in the sole bands of Hurdutroy Chamria, but at any irate by 6 October 1910, he had made a written agreement associating with him as a partner his nephew Ramprotap. Hurdutroy married three times, his third wife being Anardeyi Sethani, whose legal personal representative is respondent 1 in this appeal. By her he had two sons, Radhakissen Chamria, respondent 3 and Motilal Chamria, respondent 4. The appellant Durga Prosad was an adopted son of Hurdutroy, the adoption having been effected during the period of Hurduiroy's first marriage. The appellant Keshardeo Chamria is by birth a son of Durga Prosad but became the adopted son of Amolakchand, Ramprotap's brother, by an adoption effected after Arnolakchacd's death by his widow Surji, respondent 5.

(3.) The crucial year for the purpose of this narrative is the year 1916. On 2 December, of that year Hurdutroy died. It is apparent from what has been said previonsly that the interest in Hurdutroy Chamria and Co. was divided between his branch of the family and the branch represented by Ramprotap. It is also apparent that there were possibility of disputes in his own family owing to the presence of an adopted elder son and two younger sons by his third marriage.