On January 10, 1945, an arbitration agreement was entered into between the appellant and the respondent and on January 16, 1945, both parties applied for stay of proceedings in the case Misc.
164 of 1949, arising out of the judgment and decree dated November 22, 1949, of the First Additional District Judge, Akola, in Civil Suit No.
He ordered the two proceedings one under s. 192 of the Succession Act and the other under the Arbitration Act to be separated and the proceedings under the Arbitration Act were ordered to be registered as a suit on August 14, 1948, and on August 30, the companyrt ordered a proper application as required under the High Court Rules to be filed.
On November 15, 1946, the appellant filed objections to the award and on January 31, 1947, the respondent applied for a judgment in terms of the award and for a decree.
On February 7, 1947, he presented it for registration to the Sub Registrar but the Sub Registrar returned it as it was number accompanied by a list and particulars of the property companyered by the award.
On September 15, 1948, an application under s. 14 2 of the Arbitration Act was filed.
Appeal from the judgment and order dated February 19, 1954 of the former Nagpur High Court, in Misc.
Lal Chand died on September 26, 1944.
The High Court held that the application filed.
On February 15, 1947, the list and particulars signed by Mithulal were supplied and the award was represented for registration by Mithulal.
3 of 1944 and the case was adjourned to March 28, 1945, and then was adjourned to June 18, 1945.
But under the orders of the Registrar the document was registered in regard to Bhogilal also and it was refiled on July 21, 1948, in the Court of the First Additional District Judge.
On October 14,1948, the appellant filed an application for setting aside the award and therein raised various objections which were rejected and on November 22, 1949, a judgment was passed in accordance with the terms of the award followed by a decree.
As he was an attorney of only two of the three arbitrators the Sub Registrar registered the document on March 26, 1947, in regard to said arbitrators and refused it qua the third arbitrator, Bhogilal.
On October 21, it was filed by the arbitrators in the companyrt of the First Additional District Judge who on October 30, gave to the parties ten days time for objections.
1946, was within time that numberobjection companyld be taken to the award on the ground that there were two awards one by the arbitrators and the other by Mithulal who had added to the award by giving the list and particulars that the First Additional District Judge was authorised to extend time for making an award an the application of the arbitrators and he was properly seized of the case that numbermisconduct had been proved and that numberillegality had been established and that the appellant did number get anything under the will except on adoption number was he until then companystituted an executor.
The award was unregistered and therefore at the request of the respondent it was handed over for getting it registered to Mithulal who was an attorney of two of the arbitrators Magandas and Sakarchand.
by the respondent dated September 15, 1948, under s. 14 2 of the Arbitration Act was number within time but the original application filed by the arbitrators on October 21.,
12 A of 1948.
This application was opposed by the appellant but the companyrt gave three months time on July 26, 1946.
This was Misc.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Notices were issued to the respondent, Samarath Bai and her daughters, The will was registered on December 29, 1944.
Against this order the appellant took an appeal to the High Court which was dismissed on February 19, 1954.
K. Kapur and B. P. Maheshwari, for the respondent.
Appeal No.
The relationship of the parties is shown by the following pedigree table Phool Chand Nanak Chand Khushal Chand Sundarlal Bulakhidas Lalchand Deolal jivanbai Samarathbai Babibai Ratanbai Rasiklal Vijay Kumar Ishwardas Baglal Digamber Das Champalal Sakarchand Vinaychand Vimalchand On September 14, 1944, Lal Chand made a will by which he authorized his wife Samarath Bai to adopt Champalal and made certain disposition of his property.
The award was made on October 18, 1946.
3 of 1944.
The Judgment of the Court was delivered by KAPUR J. KAPUR J. This is an appeal against the judgment and order of the Nagpur High Court and arises out of proceedings under the Indian Arbitration Act.
January, 21.
Against this judgment this appeal has been filed on a certificate by the High Court.
On that date the arbitrators made an application to the First Additional District Judge for extension of time for four months for making the award.
34 of 1956.
B. Agarwala and Ganpat Rai, for the appellant.
The parties who are Jains belong to Balapur in the district of Akola in the previous State of Madhya Pradesh.
The appellant in this case is Champalal and the respondent is Samarath Bai, the widow of Lal Chand.
On October 20, 1944, the appellant made an application under s. 192 of the Succession Act to the First Additional District Judge of Akola for the appointment of a Curator.
