ORDER :-This is an application for leave of the Court to revoke the authority of an arbitrator. The petitioner also challenged the existence of the arbitration agreement and prayed for Courts decision on the question. This prayer, however, has been abandoned by Counsel.

2. In this application the only point I have to consider is whether I should grant the leave. The Court has power to grant leave if it thinks fit.

S. 5, Arbitration Act is as follows :

"The authority of an appointed arbitrator.....shall not be revocable except with the leave of the Court, unless a contrary intention is expressed in the arbitration agreement." This section corresponds to S. 5 of the Indian Arbitration Act, 1899, and S. 1, English Arbitration Act of 1889, S. 5 read :

"A submission, unless a different intention is expressed therein, shall be irrevocable except, by leave of the Court."

The English section was also in the same words in substance.

3. Referring to the English section Bowen, L.J., said, In Re. Smith and Service and Nelson and Sons, (1890) 25 QBD 545 at p. 553 :

"The language of S. 1, a submission shall be irrevocable is ambiguous; it is applicable, not to the agreement to refer but to the autho

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