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1993 Supreme(Mad) 701

MISHRA, S.M.ALI MOHAMED
S. V. S. Oil Mills, rep. by its partner S. V. Chandrapandian, Madras – Appellant
Versus
S. V. Sivalinga Nadar – Respondent


Advocates Appeared:
For the Appellants:V. Sridevan, V. Sitharanjan Das, Advocates.
For the Respondents:K. Ramamurthy, R. Thamodaran, K.M. Santhanagopalan, Advocates.

Judgment :-

MISHRA, J.

1. Three appeals OSA. Nos. 48 and 191 of 1988 and 16 of 1989 and CMP. No. 14742 of 1991 were disposed of by a common judgment by a Bench of this Court dated 13.11.1991 (since reported in 1992-2-L.W. 345) holding that the award in question cannot be made a rule of the Court unless registered as required under S. 17 of the Indian Registration Act, 1908, as according to the Court the award purportedly divided amongst the parties to the reference to the arbitrators immovable properties which did not constitute the properties of the partnership which they intended to divide. The Court accordingly found the judgment of the trial Court not sustainable, but recorded clearly that there were several arguments advanced on behalf of the parties as to the validity or otherwise of the award including the alleged legal misconduct of the arbitrators and the arbitrators going beyond the arbitration agreement and thus allegedly acting without jurisdiction, which points the Courts felt, were not necessary to decide. It seems that the said judgment was subjected to an appeal with special leave in the Supreme Court. The Supreme Court has, however, recorded that the conclusion of th

















































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