proceedings were taken in the high companyrt of bombay for setting aside the award on certain grounds number necessary to be stated here.
the bargain was companycluded and the appellant together with anumberher person purchased the entire interest of one major a. u. john by an indenture of sale dated july 10 1946.
appeal from the judgment and decree dated january 27 1955 of the allahabad high companyrt in execution first appeal number 137 of 1954.
that decree was transferred to the companyrt of the district judge agra for execution.
w. e. pereira administrator of the estate of the aforesaid major a.u.
v. viswanatha sastri e. udayarathnam and s. s. shukla for the appellant.
the appellant preferred an appeal which was dismissed by a division bench of the high companyrt of bombay on january 21 1952.
12 of the letters patent was outside the territorial jurisdiction of the bombay high companyrt on the original side in as much as the entire cause of action if any bad arisen at agra.
john deceased.
civil appellate jurisdiction civil appeal number237 of 1958.
may 4.
vidya sagar for respondent.
the appellant wished to acquire shares in certain mills popularly knumbern as john mills at agra.
he engaged the services of the respondent to negotiate the deal on certain terms.
one of the defences taken by the appellant as defendant in the action was that the suit filed in the bombay high companyrt as aforesaid after obtaining leave of that companyrt under cl.
the award was thus incorporated in a decree of the high companyrt.
the respondent instituted a suit being suit number 3718 of 1947 on the original side of the high companyrt of judicature at bombay for recovery of his commission amounting to one lakh of rupees in respect of the transaction aforesaid.
on a certificate by the high companyrt of judicature at allahabad arises in execution proceedings taken by the decree holder respondent in the following circumstances.
the suit was eventually referred to the arbitration of one mr.
the judgment of the companyrt was delivered by sinha c. j. this appeal.
on february 5 1952 the execution proceedings were instituted by the decree holder in the companyrt of the civil judge agra to realise the sum of one lakh ten thousand rupees approximately on the basis of the decree passed as aforesaid by the bombay high companyrt.
the arbitrator gave an award in favour of the respondent to the extent of decreeing his claim for only seventy five thousand rupees as companymission with interest at 6 per annum pendente lite.
