P. C. MALLICK, J.

( 1 ) THIS is an application challenging the validity of an arbitration proceeding and the award made thereunder. It is prayed that the award made on May 23, 1962 in the said arbitration proceeding be set aside. It is prayed in the alternative that the appointment of Madanlal Dalmia as sole arbitrator be set aside. There is a third alternative prayer for remitting the award for reconsideration.

( 2 ) SHORTLY the facts relevant for the purpose of this application may now be stated. The petitioners are owners of a rice mill situate at Beliatore in the district of Bankura. On November 16, 1960, they entered into a partnership, agreement with the respondent for carrying on the said business. The respondent under the agreement was required to advance money both by way of capital and loan to the partnership. It is not necessary to set out and consider the other terms of the partnership except Clause 29 which is the arbitration clause. Disputes arose between the parties --each charging the other of having committed breach of the partnership agreement. Thereupon the respondent by his solicitor invoked the arbitration clause, appointed Madanlal Dalmia as the respondent's

Click Here to Read the rest of this document