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1963 Supreme(All) 72

M. C. DESAI, S. N. KATJU
L. MADAN LAL HAVELIWALA – Appellant
Versus
L. SUNDER LAL – Respondent


Advocates Appeared:
A.K.MITTRA, A.P.AGARWAL, B.K.DHAON, B.N.ANAND, B.N.KHANNA, G.B.LAL, H.D.Srivastava, HYDER HUSSAIN, M.K.SETH, M.S.KOTVAL, N.Banerjee, R.C.Sinha, RAM KRISHNA, UMESH CHANDRA, UMESH CHANDRA SRIVASTAVA

( 1 ) THIS is an appeal from an order passed by a Civil Judge making an award a rule of the Court and passing a decree in terms of it.

( 2 ) THE appellant and the respondents are brothers. On 20-5-1955 they agreed to refer certain differences that had arisen amongst them to the arbitration of three persons, (1) Daya Kishan, (2)Bishambhar Dayal and (3) Moti Lal. The arbitrators started arbitration proceedings. On 14-1-56 daya Kishan addressed a letter to the parties and the other two arbitrators alleging that the arbitration proceedings were conducted unfairly, that he being in a minority had been unable to do anything and that undue influence was being exerted upon him by the other arbitrators and informing them that he had withdrawn from the arbitration and would not take part in the arbitration proceedings. On 19-1-56 an award was made; it purported to have been made by all the three arbitrators but was signed by only two of them and contained a note to the effect that Daya Kishan, the third arbitrator, had refused to sign it. The respondents filed the award in Court of the learned Civil judge on 7-9-1967. He ordered a notice of it to be issued to the parties and the notice was s























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