Bachawat, J. - (1.) THIS is an application by Mr. B.K. Ghose, Receiver, appointed in Suit No. 420 of 1950 for the appointment of an umpire in place and stead of the late Sri Sarat Chandra Bose and for other reliefs.
(2.) THERE were three contracts between Probodh Kumar Sarkar and the respondent Union of India. Each contract contains an arbitration clause providing for reference to two arbitrators one to be appointed by each and in the event of disagreement between them to an umpire appointed by them. Sarkar claimed that large sums of motley were due to him from the Union of India under the contracts. The disputes were referred to the arbitration of two arbitrators, one arbitrator being nominated by each party. Both arbitrators were unable or unwilling to act and on 9-3-1949 there was an order referring the disputes to the arbitration of Bakshi Shib Charan Singh and Sri S.C. Mitter and in case of difference of opinion between them, to an umpire to be nominated by the joint arbitrators. On 21-3-1949 the arbitrators appointed Sri Sarat Chandra Bose as umpire. There was disagreement between the arbitrators. Sri S.C. Mitter was in favour of awarding a sum mucto larger than what Bakshi Shib Charan Singh was prepared to award. Eventually there was a reference to the umpirage of Sri Sarat Chandra Bose.
(3.) IT appears that Das Bank Ltd. advanced large sums of money to Probodh Kumar Sarkar. To secure the repayment of such loans and advances there was an equitable assignment of the moneys payable under the contracts by Sarkar in favour of Das Bank Ltd.;