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1953 Supreme(Cal) 14

BACHAWAT
JUGALDAS DAMODAR MODI AND CO. – Appellant
Versus
PURSOTTAM UMEDBHAI AND CO. – Respondent


Advocates Appeared:
I.P.MUKHERJI, P.P.Ginwalla, R.Goho

BACHAWAT, J.

( 1 ) I will deliver one judgment covering the 5 matters in the list.

( 2 ) PURSHOTTAM Umedbhai and Co. instituted Suit No, 3660 of 1949 in which they seek to vindicate a claim against Jugaldas Damodar Modi and Co. A Cross Suit No. 479 of 1951 was instituted by Jugaldas Damodar Modi and Co. against Purshottom Umedbhai and Co. While these suits were pending the parties to the suits by an agreement in writing dated 19-10-1951, agreed to refer the disputes in both these suits to arbitration of one M. Mehta and to confer summary powers on the arbitrator. The parties also agreed to withdraw the suits on the re-opening of the Court after the long vacation. The parties proceeded to arbitration without a formal order of reference by the Court. On 17-11-1951, the arbitrator made an award directing Pursottom Umedbhai and Co. to pay a sum of Rs. 25,000/- to Jugaldas Damodar Modi and Co. On 18-2-1952 the award was filed in Court and the award case is numbered 52 of 1952. The award is before me for judgment. Notice of the filing of the award was duly given on 26-4-1952. On 20-5-1952, Purshottom Umedbhai and Co. took out a notice of motion in award case No. 56 of 1952 for an order














































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