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1964 Supreme(MP) 139

T.P.NAIK, SHIV DAYAL
MOOLCHAND – Appellant
Versus
KASHIPRASAD SHUKLA – Respondent


SHIV DAYAL, J.

( 1 ) THIS appeal arises from an application for setting aside an award. The 2nd additional District Judge, Jabalpur, allowed the objections and set aside the award. The appellants are aggrieved by that decision.

( 2 ) THE parties constituted a partnership firm for supply of material to the Army. The firm existed from March, 1943 to June 1945. Certain disputes arose between the parties. On 14 April, 1047, the parties entered into an agreement to refer their disputes to arbitration. Shri S. C. Upadhaya and Shri N. M. Golvalkar, Advocates were appointed arbitrators by the parties. On the same date, the parties made an application under Section 20 of the Arbitration Act in the Court of the Additional district Judge, Jabalpur, for making a reference to the said arbitrators for decision on the disputes referred to in the agreement. A reference was accordingly made.

( 3 ) THE arbitrators gave their award on 31st August, 1956. In the result they held that Kashi-prasad (respondent) was liable to pay Rs. 33,025 to the appellants. On 1st October, 1956, Kashi-prasad prayed for setting aside the award on the ground of legal misconduct and errors patent on the face of the record.




















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