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1962 Supreme(MP) 47

H.R.KRISHNAN, S.B.SEN
RAMSAHAI SHEDURAM – Appellant
Versus
HARISHCHANDRA DULLCHANDJI AND ANR. – Respondent


Advocates Appeared:
D.C.Bharucha, H.C.Dhandia, S.R.JOSHI, W.Y.Pande

KRISHNA, J.

( 1 ) THESE appeals are by a building contractor from the District Judge's decree based on two awards in arbitration on his claims and the owner's counter claim in respect of two building works carried out by him for the owners. When the awards were filed, the appellant objected on various grounds, to be set out presently; but the District Judge has rejected them.

( 2 ) IN one case, the building is the "lantern Hotel" in North Tukoganj of which Capt. Dhanda is the owner and respondent in Appeal 56 of 1959. In the other, the building is the "viram Lodge" and the owners ars the other members of his family (respondents in Misc. Appeal No. 57 of 1959) on whose behalf he had been acting. The contractor and the arbitrator are the same and the questions that arise are identical. The District judge, therefore, consolidated them into one suit and delivered one judgment; the same procedure can be conveniently adopted here as well.

( 3 ) THE parties have during argument covered practically the entire field of the law of arbitration but more immediately the questions that arise were :

(i) Whether in view of the past relations between Capt. Dhanda on the one hand who occupied some p





































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