P.B.MUKHARJI, J. - (1.) THIS is an application made on behalf of Haji Ebrahim Kassam Cochinwalla on a notice of motion dated 30 -11 -1949, asking to set aside the award dated 22 -7 -1949 and filed on 20 -8 -1949.
(2.) THE facts of the case may be stated briefly. By contract dated 2 -1 -1949 the applicant purchased from the Northern India Oil Industries Ltd., 3 wagons of pure Mahuya Oil. The respondents claimed Rs. 3368 -9 -3 as damages for non -acceptance being based on the difference between the contract price and the market price. After some disputes, by a letter dated 9 -2 -1949 the respondents' solicitor informed the applicant of the appointment of Pannalal Kasera as the sole Arbitrator. An application was thereafter made by the present applicant on 24 -5 -1949 restraining the sole Arbitrator from acting and for allowing the applicant to appoint an Arbitrator on his behalf. That application was finally heard by Banerjee J., and by an order dated 5 -7 -1949 the learned Judge held that the application should fail and did not allow the applicant to appoint his Arbitrator as no sufficient cause had been shown. I would quote from my learned brother's judgment delivered on 5 -7 -1949 the following observations which I consider material for the purpose of the present application before me: 'I do not see any reason why I should set aside the appointment. No allegation has been made against Mr. Kasera. Petitioner's counsel has said that the petitioner has confidence in Mr. Kasera who is a man of business and who deals in the contract commodity. His fitness to act as an Arbitrator has not been questioned.' Those observations are material because although the applicant did not succeed before my learned brother ho has repeated practically the same allegation of misconduct against the same Arbitrator in the present application before me. The other part of the order of 5 -7 -1949, which is material for the purposes of the present application is : 'The Arbitrator must file the Award by 23 -7 -1949. If the Arbitrator thinks that he would not be able to complete the -Award by that time he should forthwith inform the parties about his inability to do so.'
(3.) RELIANCE has been placed upon this part of the order for the contention of the applicant that the Arbitrator did not file the Award within the time indicated in that order.;