H.K.BOSE
NATHMULL TOLARAM – Appellant
Versus
KILLA AND CO. – Respondent
( 1 ) THIS is an application for determination of the validity of an award dated 13-2-1958 and for declaration that the award is null and void and also for setting aside of the said award.
( 2 ) THE petitioner's case is that it had various dealings and transactions with the respondents and in respect of certain dealings disputes and differences arose between the parties. By an agreement dated 16-12-1957, the petitioner and the respondent referred all their disputes and differences to the arbitration of two named arbitrators, namely, Sri Kishorilal Dhandhania and Sri Madanlal Pandya. The said agreement was submitted to the arbitrators on the very next day but the arbitrators did not call upon the parties to submit any statement before them and no meeting was called nor any reference was held by the arbitrators during the whole of January 1958. In or about 1-2-1958, the petitioner received a notice from the arbitrators which did not bear any date but which intimated that a meeting of the reference would be held by the arbitrators on 4-2-1958. The petitioner being unable to attend the meeting to be held on 4th of February, intimated the arbitrators its inability to at
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