Bankim Chandra Ray, J. - (1.) This is an application for an order for stay of all further proceedings in Money Execution Case No. 2 of 1977 pending in the court of Subordinate Judge, 7th Court, Alipore till the disposal of the appeal, being F.M.A.T. No. 533 of 1977.
(2.) The opposite party no. 1 made an application under Section 8(2) of the Arbitration Act 1940 (Act X of 1940) for appointment of an arbitrator before the Subordinate Judge, 7th Court, Alipore. This was registered a Misc. Case No. 58 of 1974. The Subordinate Judge by order no. 29 dated 8.1.76 appointed Sri, S. N. Ganguli, Deputy Manager (Enquiry), Legal Cell of Food Corporation as Arbitrator for adjudication of the disputes, claims and differences between the parties arising out of the contract entered into between the opposite party no. 1 and the District Manager, Food Corporation of India, 24 Parganas. The Arbitrator issued notices to the parties directing them to file their respective claims. The petitioner on April, 1976, filed a petition praying for amendment of the statement of claims filed by him be including two sums amounting to Rs. 5.55 620.99 paise and Rs. 25,909.30 paise representing claims for shortage and transport charges respectively. This petition was rejected on April 19, 1976. On May 19. 1976, the Arbitrator published his award and submitted the same before the court.
(3.) The petitioner on June 18, 1976, made an application before the Subordinate Judge, 7th Court, Alipore praying for remitting the award to the Arbitrator for reconsideration of the claim of Rs. 5,55,620.90 paise on account of shortages. The opposite party no. 1 also made an application for remitting the award to the Arbitrator for reconsideration as the award was indefinite and incapable of execution. These applications were disposed of by the subordinate Judge who by order No. 39 dated 10th July, 1976 remitted the award for reconsideration.;