Judgment

R.N. MISRA, J. :- This appeal is by special leave. An application was filed before the Calcutta High Court for appointment of a Reciver in regard to managment of two Tea Estates by name Hettichera Tea Estate and subong Tea Estate. By the impugned order dt. 20th June, 1972, the High Court directed:

"The Official Reciver is apponted Reciver in terms of the prayer (a) of the petition. Mr tara Chand Agrwalla of the respondent firm and Dineshbhai Patel of the petitioner firm are appointed joint managers under the Official Receiver to run and manage the day to day business at the two tea gardens."

During the pendency of this appeal, on 27-2-1974, this Court made the following Order:

"The application is not opposed. Mr. G. K Mitter, retired Judge of the Supreme Court is appointed as Umpire. Parties agree that they would pay the Umpires fee in equal share. No time limit is fixed for making the Award by Umpire."

Parties appeared before the Umpire and after protracted hearing of the matter, spread over several years the Umpire made his Award, dt. 30th June, 1982 and the same has now come before the Court. The appellant filed an application under Ss. 30 and 33 of the Arbitration Act prayi