Kapur, J. - (1.) THIS is a rule directed against order passed by Mr. Parshotam Sarup, subordinacy Judge, Delhi, holding that the reference to are right traction was valid and the points raised before decided by him should and could have been decide by the arbitrator and that any objections that Petitioner may have can be raised at the time since the objections to the award.
(2.) A car was insured by Piare Lal in April 19 and it is alleged that it was stolen at Lahore in September 1947. A notice of this was sent to the surance Company on 18 -3 -1948, but the complaint repudiated, its liability on 26 -5 -1948, and then on 31, 1948. Piare Lal gave notice claiming the among on of insurance on the 18th of July, but again on since 1948, the Company repudiated the claim. On 21 -11 -1949, Piare Lal gave notice for (sic) embrreference to arbitration under Clause 7, of the (sic) Policy. The Ruby General Incurrence Company, Limited, the Petitioners before me, cond nothing effective till 30 -12 -1949, when they flit Lord an application under Section 33, Arbitration Act, alled that reference to the arbitrator was illegal passed) cause of the lapse of twelve months as provided possible Clause 7 of the Conditions of the Policy and that (sic) appointment of the arbitrator was illegal. The (sic) also asked for an injunction against the opposite party which was granted on the same day, but 6 have not been told when it was served on Piards of Lal.
(3.) ON 31 -1 -1950, the Court refused to exteme the operation of this injunction and discharged is clause Again, the Company for ten days did nothing, it was on 10 -2 -1950, they applied for and got an injunction against the arbitrator that he should not give hurt to award, although he may continue with the proceeding. The arbitrator had fixed 14 -2 -1950, as the effect date for hearing. The proceedings were fixed for do in the O' clock, but the Company got him served with the order of the Court at 2 or 2 -30 p.m. on the 14th of February. I am informed that the award that have been made round about 12 O'clock. It has noding been explained to me why the Company was (sic) laying the taking of any proceedings, which the by law allowed it to take, for such a long time.;