J.R.VIMULDALAL
Keshavsingh Dwarkadas – Appellant
Versus
Indian Engineering Co. – Respondent
1. This is a petition under Section 33 of the Indian Arbitration Act, 1940, for the determination of the existence and/or validity of the Arbitration Agreement and/or the effect of the purported Reference to Arbitration between the parties, and for a declaration that there is no valid or proper agreement to refer and the decision of the purported appointment of the Umpires is inoperative, ineffective and void and the Umpire has no right to decide or proceed to decide the disputes between the parties arose out of certain selling agency agreements in respect of aluminum and copper wires manufactured by the petitioner. Disputes arose between the parties and claims for damages were made which disputes and claims were, under an Arbitration Agreement dated 26th April 1967 (a copy of which is annexed to the petition and marked A), referred to the Arbitration of two learned Counsel of this Court, Mr. H. G. Advani and Mr. J. M. Gandhi, with summary powers. Clause 2 of that Arbitration Agreement provided that the Arbitration proceedings were to be governed by the provisions of the Arbitration Act 1940, and clause 5 laid down that the Arbitrators had to make and publish their Award withi
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