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1962 Supreme(MP) 141

V.R.NEWASKAR, H.R.KRISHNAN
RUSTOMJEE DORABSHA – Appellant
Versus
MANMAL PRABHUDAYAL – Respondent


Advocates Appeared:
K.A.Chitale, S.D.SANGHI

KRISHNAN, J.

( 1 ) THIS is the defendants' appeal from a decree for the arrears of rent of a leased factory and premises included, based on an umpire's award, with a few modifications by the 'court substantially in their favour. This is one ot the four cases that have come up before this Court at about the same time in which different problems concerning awards on arbitrations have been raised and equivalent Citation: decided. Quite a number of grounds were raised before the trial Court by the defendants, most of which were rejected. Before this Court the following grounds are emphasised: (i) The reference itself was invalid because it had included two items of claim which was outside the scope of the suit; this is a basic illegality not cured by the Court's separating the portion within the scope of the suit, and basing its decree on that only, (ii) The umpire was not properly appointed at all and as such did not get any jurisdiction, (iii) The award does not contain any reasoning so that we are in doubt as to whether the umpire gave due regard to the evidence before him. (iv) The proceedings before the arbitrators were bad for several defects, in particular, refusal to permit the




















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