The Chief Justice.-The appellant and the two respondents formerly carried on a business in partnership under the name of Bhagyalakshmi & Co. Disputes arose between them which were referred to the arbitration of three named arbitrators by an agreement in writing between the parties, dated 4th January, 1945. The agreement, inter alia provides that (1) in case P. Govindasawmi Chetti (one of the arbitrators) declined to act, the appellant should be at liberty to nominate another arbitrator in his place; (2) in case two of the arbitrators declined to act, the whole arbitration should come to an end and the parties be relegated to their prior rights; a decision of the majority of the arbitrators should be the decision which must prevail in all matters connected with the arbitration; (3) the arbitration should be completed within one month from the date of the agreement subject to an extension of time, not exceeding six weeks thereafter, being taken if all the three arbitrators passed a resolution to that effect.

No resolution was passed by the three arbitrators extending the time during which they could conclude the arbitration and make their award. The one month’s period expir