P.B.Mukharji, J. - (1.) THIS is an application by United Printing and Binding Works Ltd., a private limited Company, to set aside an Award made by two Arbitrators Bimal Chatterjee and Kishanlal Mohta being respectively the nominees of the petitioner and the respondent Kishori Lal Saraogi. By Clause 15 of an Agreement dated 30-3-1954 the petitioner and the respondent agreed to the following arbitration clause:-- "All disputes and difference arising out of matters relating to the Agreement shall be decided by Arbitration under the Indian Arbitration Act by reference to a single Arbitrator if the parties to these presents so agree upon and in default two arbitrators one to be nominated by either of the parties and to be appointed." The applicant's arbitrator Bimal Chatterjee was appointed on 17-10-1955 and the respondent's Arbitrator Kishanlal Mohta was appointed on 21-10-1955, Various statements and counterstatements were filed before the Arbitrators by the parties, The Arbitrators agreed on their award and published their joint award on or about 17th/19th March 1956.
(2.) ON behalf of the applicant the first objection taken to the award is that the Arbitrators went beyond the matters which were referred to them for decision. That objection is taken In para 2 of the petition. Paragraph 2 of the petition refers to a letter of 17-10-1955 and makes the allegation that the parties did not make any reference to the Arbitrators to terminate the agreement between the parties and come to any final accounting. A reference to the letter of 17-10-1955 written by the applicant to the respondent shows that "all disputes between them were referred to arbitration in terms of the agreement. In fact, in the letter of 17-10-1955 the applicant writes: - "We cannot allow our interest to be jeopardised in this manner any further and we have decided all disputes between us should be referred to arbitration in terms of the said agreement. We have accordingly appointed Sri Bimal Chatterjee of 9/3a, Arpuli Lane Calcutta as arbitrator" In fact, the last paragraph of that letter also ends with this statement:- "We reserve our right to put our other disputes and differences before the arbitrator or arbitrators." Having said all that, it is now contended by the applicant that the award goes beyond the matters referred to the Arbitrators although "all disputes" between the parties were referred to Arbitrators according to the applicant himself. Obviously the disputes related to the agreement between the parties and the financial control mentioned there and the disputes certainly cover the disputes regarding accounts. The gist of the award of the Arbitrators is (a) that the applicant was to pay to Saraogi a sum of Rs. 66,800/- in full payment of the claim of the said Saraogi against the Company with interest thereon at the rate of 6 per cent per annum from the date of the award until payment, (b) the specified assets of the Company were charged for payment of the said amount.
(3.) LOOKING at the award it is clear to me that It did not travel at all beyond the matters referred to the Arbitrators. In fact, I find that the statements and counter-statements filed before the Arbitrators cover the exact point or which the award was made. In the statement of Kishori Lal Saraogi dated 27-1-1958 before the Arbitrators in para 8(k) the respondent actually asked for an award for Rs. 66,200/- with interest and profits. In fact, this is what was asked in the respondent's statement: "Award should be made directing the Company to make payment of the dues of the financier amounting to Rs. 67,200/- plus interest and profits in terms of the agreement." That being so, it is clear to my mind that the award is not beyond the terms of the reference. In fact, I hold it is very much within the terms of reference constituted both by the letters appointing the Arbitrators as well as by the statements and counter-statements filed before them.;