- (1.) THIS is an appeal from an order directing the issue of a writ of attachment in execution of a decree. On December 19, 1955, the appellant and the respondent submitted their disputes to the arbitration of Sri ram Chandra Singhi. On April 30, 1956 the arbitrator made his award. Clauses 2, 4 and 7 of the award read as follows: clause2: "the said Brahma swaroop Gupta do pay a sum of rupees Twenty thousand to the said Diwanchand Minotra within a fortnight from the date hereof and the said Diwanchand Minotra to deliver two hundred ordinary shares held by him in the capital of the said Eagle Paint and Pigment industries Ltd. , in his own name or in the names of his friends and relatives to, and also make over the relative transfer deeds duly executed in favour of Brahma swaroop Gupta or his nominee or nominees against payment of the said sum of Rs. 20,000/- (Rupees twenty thousand) only. " Clause4: "the said Brahma swarup Gupta will pay a sum of rupees Five thousand to the said diwanchand Minotra, within a period of fortnight from the date hereof in full settlement of all claims and demands of the said diwanchand Minotra in respect of the said partnership of Messrs. Reno Trading Co. " Clause7: "if the payments referred to in clauses 2 and 4 herein above will not be made by brahma Swarup Gupta to Diwanchand Minotra within the time mentioned therein, then interest at the rate of 6 per cent, shall be paid by Brahma Swarup Gupta to Diwanchand Minotra from the expiry of a period of fortnight from date hereof. "
(2.) THE appellant moved for the setting aside of the award. On December 18, 1956, the court held, inter alia, that the arbitrator had omitted to consider the question mentioned in paragraph 9 (j) of the petition and passed an order the material part of which reads as follows: " it is further ordered that the said Award be and the same is hereby remitted to the Arbitrator herein to come to a decision on the question mentioned in paragraph 9 (j) of the said petition. And it is further ordered that the said Arbitrator do within two months from the date of receipt of the papers make and submit his Award on the said question so to be remitted as aforesaid. "
(3.) ON April 16, 1957, the arbitrator made a supplementary award deciding the question remitted to him. The supplementary award recited the making of the first award and the order of the court dated December 18, 1956. On march 24, 1958, the court passed judgment and decree in terms of the two awards. The principal sum of Rs. 20,000/- payable under clause 2 of the first award was paid on December 18, 1959. On March 24, 1960 the respondent filed a tabular statement claiming that a sum of Rs. 4313/- was due to him on account of interest at 6 per cent, per annum from the 14th May, 1956 up to the 18th December, 1959 on the aforesaid principal sum of Rs. 20,000/- and a further sum of Rs. 250/- was due to him on account of interest at 6 per cent, per annum from the 16th February, 1959 up to the 18th December, 1959 on the principal sum of Rs. 5,000/- payable under clause 4 of the award and prayed for the issue of a writ of' attachment of a decree passed in favour of the respondent against a third party and for realisation of the respondent's claim and costs. On August 31, 1960 the learned Judge passed an order directing the issue of writ of attachment as prayed for.;