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1952 Supreme(Ori) 57

NARASIMHAM
NARSING DAS HIRALAL LTD. – Appellant
Versus
BISANDAYAL SATYANARAIN FIRM – Respondent


Advocates Appeared:
B.N.Das, M.S.Rao, S.C.Chakravarty

NARASIMHAM, J.

( 1 ) THIS revision petition is against the appellate judgment of the Additional District judge of Cuttack reversing the judgment of the First Additional Sub-Judge of cuttack and setting aside an award given by the arbitrators and the judgment and decree following the award.

( 2 ) THE opposite party was the defendant in Suit No. 57/8 of 1949-48 in the Court of the 1st Additional Sub-Judge, Cuttack. That suit was brought under Sections 14 and 17, Indian Arbitration Act, 1940 by the petitioners-plaintiffs for a judgment in terms of an award said tr have been given by the arbitrators appointed by the parties, on 13-12-47. The plaintiffs and the defendant executed separate arbitration agreements (ekrarnamas) dated 13-3-47 and 11-3-47 respectively referring their dispute to three respectable merchants of Cuttack, namely, rangalal Modi, Narsingdas Bhowsinka and Joharimal. In the arbitration agreements executed by the parties no time limit was fixed for the giving of the award and consequently the provisions of para 3 of the First Schedule to the arbitration Act would apply and the award should be made within four months after the arbitrators have entered on the reference



















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