Judgement

IN this appeal the question raised was, whether an award of Mr. Frere, the agent of the Bombay Government at Surat, made upon a submission to arbitration by the Appellants and Respondent, was within the provisions of the Bombay Regulation, No. VII. of 1827, so as to entitle it to the force of a decree of Court, or had the effect only of an ordinary award, The Order of the Sudder Dewanny Court appealed from, directed the award to be enforced as a decree of Court against the Appellants.

The Appellants were Parsee bankers, residing at Surat. The Respondent was the Bukshee of Surat, and by virtue of his rank and relationship to the Nawab of Surat, exempted from the jurisdiction of the Civil Courts, unless with the consent of the Governor of Bombay (a}.

(a) Bom. Reg.IIl. of 1827, ch. ii., sec. 21, cl. 3, confirms the stipulation made in the Articles of agreement, dated the 13th of May, 1800, between the East India Company and the Nawab of Surat, of

6 M.I.A. 134 ( 1854- 1857) Nusserwanjee Pestonjee v. Meer Mynoodeen Khan 23

the exemption of the Nawab. his family and servants, from the jurisdiction of the Civil Courts ; and, by Bom. Reg. XI. of 1827, ch. i., from the Criminal Co