- (1.) THIS appeal raises the question whether an order by which a Court sets aside an award under the provisions of Arbitration Act, 1940, must be deemed to be an order superseding the arbitration.
(2.) THE parties to this litigation are the firm Bansi Lal-Hans Raj petitioner and the firm Gulab Rai Girdhari Lal respondent.
(3.) ACCORDING to the terms of an arbitration agreement all matters in controversy between the parties were to be referred to the arbitration of two arbitrators, one for the petitioners and the other for the respondents. The petitioners, however, appointed only one arbitrator, namely Pt. Karam Chand who was to act on their behalf as well as on behalf of the respondents. On 3-10-1950 this arbitrator filed an award in the Court of the Senior Sub-Judge at Jullundur and requested the Court to make the award the rule of the Court. Shri Gulal Chand Jain, Senior Sub-Judge, declined to accede to this request as he was of the opinion that the appointment of Pt. Karam Chand as the sole arbitrator was contrary to the provisions of the agreement of reference and consequently that the award made by him was not binding upon the parties. This was on 6-81951.;