Judgement

Appeal (No. 106 of 1931) from an order of the High Court (December 14, 1930), reversing an order of the third Subordinate Judge of Hooghly (June 29, 1929), and directing that an application by the respondent for execution of a decree should be entertained as an application for execution of an award.

facts relevant to the appeal appear from the judgment of the Judicial Committee.

Law Rep. 60 Ind. App. 71 ( 1932- 1933) Jnanendra Mohan Bhaduri V. Rabindra Nath C hakravarti

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1932. Nov. 22, 24, 25. De Gruyther K.C. and Pringle for the appellants.

Dunne K.C. and Parikh for the respondent.

[Reference was made to Jnanendra Mohan Bhaduri v. Annapurna Debi (( 1927) 31 C. W. N. 517.) and Ganendra Mohan Bhaduri v. Bhavani Charan Chakrevarti (( 1929) 34 C. W. N. 268.), both arising out of the same arbitration proceedings; also to the Indian Arbitration Act, 1899, ss. 11, 13, 15, 20, and to the Code of Civil Procedure, 1908, s. 89.]

Dec. 19. The judgment of their Lordships was delivered by

SIR DINSHAH MULLA. This is an appeal from an order of the High Court of Judicature at Fort William in Bengal, dated December 11, 1930, which set aside an order of the third Subordinate Judge of Ho