Ramendra Mohan Datta, J. - (1.) DISPUTES and differences having arisen in the family of the Swaikas on or about May 4, 1972 a partition and administration suit being Suit no. 191 of 1972 (Shyam Sunder Swaika v. Ganga Vishnu Swaika and others') was instituted. On the very same date an interlocutory application for appointment of a receiver was moved before this Court on behalf of the plaintiff. In course of hearing it was felt that there was every likelihood of a protracted litigation whereby the family would suffer irreparable loss and prejudice, if the suit was allowed to be proceeded. There were several businesses involved besides movable and immovable properties.
(2.) AT the intervention of the respective lawyers it was thought that the disputes and differences might be solved by referring the subject-matter of the disputes involved in the suit, to the arbitration of two persons in whom both sides held implicit faith and confidence. The parties agreed and the application was adjourned. Accordingly, by a joint petition made on or about May 31, 1973, the subject-matter of the disputes in this partition and administration suit, were ordered to be referred to the arbitration of P. D. Dabriwal and Raja Ram Bhiwaniwala. The relevant paragraphs of the said joint petition are as follows:-- "8. Your petitioners have agreed to refer the aforesaid disputes to the joint arbitration of Sri Prabhudayal Dabriwal of No. 7-C, Middleton Street, Calcutta and Sri Rajaram Bhiwaniwala of No. 3, Goenka Lane. Calcutta with summary powers to dispose of the reference, and with power to appoint an umpire, within a fortnight from the date of order to be passed herein. It is also agreed that in case of any difference between the said arbitrators the matter shall be referred to the Umpire to be appointed herein. The Umpire shall have summary powers to dispose of the reference within 15 days from the date of reference to him. 9. Your petitioners have further agreed and hereby undertake not to proceed with any pending proceedings in any court or to institute any fresh proceedings in any court in respect of any matter which are the subject-matter of the reference until further orders of Court. 10. The parties have been advised to make the present petition with a view to settle the disputes between the parties within a short time by arbitration. It has however been agreed beween the parties that if the arbitration is not completed within the time stipulated the reference to arbitration would stand superseded and the pending application of the plaintiff will come up in the list for disposal by this Hon'ble Court."
(3.) BOTH the lawyers as also the parties were convinced that the matter could be completed within a fortnight from the date of the order with such summary powers as were given to the arbitrators. A provision was also made that the Umpire was to dispose of the reference within 15 days from the date of reference before him and he also would have similar summary powers in that regard. Paragraph 10 of the joint petition made it clear that the parties intended that the disputes and differences would be settled within a very short time by such arbitration. A provision has also been made therein that in case, for any reason, the arbitration could not be completed within the time stipulated then the reference to arbitration would stand superseded and the pending application of the plaintiff in the suit would come up in the list for disposal.;