A.N.Sen, J. - (1.) THIS is an application for setting aside an award made by Shri G. P. Lath, a solicitor of this Court. Acting as the sole arbitrator Shri Lath made the award on the 28th of September. 1965 awarding a sum of Rs. 26,821.11 p in favour of the award (sic) is being challenged in this proceeding.
(2.) THE award is being challenged mainly on two grounds, namely (i) Shri Lath was never appointed as the sole arbitrator and in any event Shri Lath was not validly appointed as the sole arbitrator and as such the award made by shri Lath as the sole arbitrator is bad; and (ii) Shri Lath as arbitrator has miscon- ducted himself and the proceedings. The relevant allegations on the basis of which the validity of the award is questioned are set out in paragraph 34 of the petition.
(3.) BEFORE dealing with the respective contentions of the parties and for proper appreciation thereof, it is necessary to consider certain facts. M/s. C. K. Agarwalla is a partnership firm of which the first three - petitioners are partners. The petitioner No. 4 is a minor, is said to have been admitted to the benefits of the said partnership. On the 8th of August, 1962 the said firm of M/s, C. K. Agarwalla entered into an agreement with M/s. Shri Aurobindo Agency, the respondent herein. The said agreement between M/s. C. K. Agarwalla and M/s. Shri Aurobindo Agency contains an arbitration clause which is to the following effect: "All disputes and differences arising of this presents or concerning any of the terms herein shall be referred to arbitration of two persons - one to be appointed by each party, and the two Arbitrators appointing an Umpire before they enter upon the reference and the decision of the Arbitrators aforesaid or the Umpire, as the case may be, shall be final and binding on the parties hereto. The Arbitration as above shall proceed as per provisions of the Indian Arbitration Act, 1940 and the statutory modifications thereof from time to time.";