on 24th of numberember 1983 the arbitrators got back the award from the companyrt.
on 25th numberember 1983 i.e. the very next day the arbitrators presented the award before the sub registrar arambagh for registration.
the dispute related to certain properties among the brothers in chinsurah the district of hooghly in the state of west bengal.
the high companyrt in civil order number 9696 w of 1984 on 24th july 1984 had sent back the award to the sub registrar to reconsider the question of limitation and found that the award was presented within time as the period during which the judicial proceedings were pending namely 28th of january 1978 to 24th of numberember 1983 should be excluded in view of the principle laid down under section 15 of the limitation act.
i to 4 filed an application under section 14 of the act before the learned sub judge hooghly at chinsurah praying for a direction on the arbitrator to file the award in the court in misc.
5 6 and 7 herein.
the three arbitrators took the assistance of appellant number 8 and he functioned and acted as one of the arbitrators.
the high companyrt in civil order number 589 of 1983 on 19th of september 1983 directed the learned sub judge to return back the award to the arbitrators holding that it was the registrar and number the sub judge who companyld determine the question of limitation for the purpose of registration of the award.
from the judgment and order dated 19.6.1986 of the calcutta high companyrt in civil order number 2278 of 1985.
on 2nd september 1978 the learned sub judge fixed the hearing of the arbitrators application to return the award to them.
in january 1980 the arbitrators application was heard and the learned sub judge ordered return of the award to the arbitrators to enable them to present the same for registration.
hooghly at chinsurah on 23rd of numberember 1983 ordered returning back of the award to the arbitrators.
on 26th of july 1978 the learned munsif arambagh ordered interim injunction on the parties including the arbitrators to maintain status quo till the disposal of misc.
on or about numberember 28 1977 the arbitrators explained their award to the parties and made and signed the award.
the appellants number.
the learned sub judge.
the judgment of the companyrt was delivered by sabyasachi mukharji j. special leave granted.
on or about 1st december 1977 the eldest brother filed an application under section l l of the arbitration act 1940 hereinafter called the act before the learned munsif arambagh being misc.
the award was made on 28th of numberember 1977 and it was presented for registration to the sub registrar on 25th of numberember 1983.
on or about 2nd of july 1977 the same agreement was re written on a fresh stamp paper and the same was registered by which the abovenamed arbitrators were given the option to take assistance of one two or more persons.
on 19th june 1986 by the judgment and order impugned the high companyrt quashed the registration under article 227 of the companystitution holding that the award had been presented for registration beyond time.
civil appellate jurisdiction civil appeal number 2224 of 1987.
on or about 11th of june 1977 an unregistered deed of agreement between the four brothers being the appellants number.
it is the validity and propriety of that order which is under challenge in this appeal.
case number 74 of 1977 initiated by the appellant number l. on 14th of august 1978 the arbitrators made an application before the learned sub judge hooghly at chinsurah to return back the award to enable them to present the same before the sub registrar for registration.
case number 74 of 1977.
case number 28 of 1977.
this appeal is directed against the judgment and order of the high companyrt of calcutta dated 19th of june 1986 in civil order number 2278 of 1985.
the sub registrar arambagh on 25th of numberember 1983 registered the award.
the arbitrators filed the award before the learned sub judge hooghly at chinsurah on 28th of january 1978.
1 to 4 and their eldest brother respondent number1 was entered into regarding partition of joint movable and immovable properties and the same were referred to three arbitrators namely three appellants number.
mukherji ranjan choudhary n.r.
the high companyrt of calcutta in civil rule number 621 of 1980 on 6th march 1981 set aside the aforesaid order of the learned sub judge holding that during the subsistence of the interim injunction order on the arbitrators to maintain status quo the arbitrators companyld number take back the award for presenting the same for registration.
choudhary for the respondents.
the limitation period for registration is four months from the date of its execution.
k. sen d.n.
n. kacker and sukumar ghosh for the appellants.
