KAPILA TEXTILE MILLS LTD Vs. MADHAVA AND COBY PARTNERS RUKN UI MULK SABDUL WAJID AND B SMADHAVA

JUDGEMENT

(1.) THE petitioners are a public Company Limited by shares called 'THE Kapila Textile Mills, Ltd." now under liquidation and represented by the Official Liquidator. THE respondents, Messrs. B.S. Madhava and Co., are a firm of partners carrying on business as Engineers and Builders. THE matter arises out of certain arbitration proceedings. In the course of the arbitration proceedings the petitioners are referred to as the defendants and the respondents as the plaintiffs. For the sake of convenience I shall refer to them likewise in this order.

(2.) ON the 20th of November 1948, the parties entered into an agreement, hereinafter referred to as the Building Contract, under which the plaintiffs agreed to do the work of fabricating and erecting certain steel trusses and columns and asbestos cement roofing as well as certain other items of work for the defendants-Mills at Nanjangud, subject to the terms and conditions set out in the Building Contract. Among the conditions of the contract, condition No. 72 provides for arbitration in the following terms:

(3.) THE plaintiffs thereupon filed a Revision Petition No. 498 of 1954 before the erstwhile High Court of Mysore which accepted the Revision Petition and directed the District Judge to appoint one of the three persons named by the plaintiffs as the sole arbitrator to decide the disputes between the parties.