REGENT COMPUTRONICS PVT. LTD.

E.K.ABDULKHADER HAJI Appellant

V/S

THALAKKAL KUNHAMMAD Respondents

Referred Judgements :-

SIDEBOTHAM EX. P. SIDEBOTHAM V. STATE [REFERRED TO]
RIVIERE'S TRADE MARK V. STATE [REFERRED TO]
MARTIROZI V. SUBRAMANIAM CHETTIAR [DISTINGUISHED]
SAILA BALA DASSI VS. NIRMALA SUNDARI DASSI [REFERRED TO]
HARI SHANKER LAL VS. SHAIRTBHU NATH [REFERRED TO]
GIRIJANANDINI DEVI VS. BIJENDRA NARAIN CHOUDHARY [REFERRED TO]
ADI PHEROZSHAH GANDHI VS. H M SEERVAI ADVOCATE GENERAL OF MAHARASHTRA BOMBAY^ [REFERRED TO]
CHARAN SINGH VS. DARSHAN SINGH [REFERRED TO]
UNION OF INDIA VS. K L BHALLA [REFERRED TO]
STATE OF U P VS. RAM SRI [REFERRED TO]
A P AGRICULTURAL UNIVERSITY VS. DAN REDDY [REFERRED TO]
P V SARMA VS. CHAIRMAN COMMITTEE OF MANAGEMENT THE S C RAILWAY EMPLOYEES CO OPERATIVE CREDIT SOCIETY [REFERRED TO]
RAMNIBAS JHUNJHUNWALLA VS. BENARASHI L JHUNJHUNWALLA [REFERRED TO]
KESAVA PILLAI VS. JATHAVETHARU BHATTATHIRI [REFERRED TO]
R N RICE MILLS VS. STATE OF ORISSA [DISSENTED FROM]
KALYANIKUTTY AMMA VS. RAVUNNI NAIR [REFERRED TO]
SANTURAM HARI VS. TRUST OF INDIA ASSURANCE CO [REFERRED TO]
GOUTAMI DEVI SITAMONY VS. MADHAVAN SIVARAJAN [REFERRED TO]
SHIV OMKAR MAHESHWARI VS. BANSIDHAR JAGANNATH [DISTINGUISHED]
M H TEJANI VS. KULSUMBAI M JETHA [REFERRED TO]
SATYA NARAYAN AGARWALL VS. BAIDYANATH MANDAL [REFERRED TO]
CHANDRA NARAIN CHAUDHARY VS. GODAVARI CHOUDHARAIN [DISTINGUISHED]
BHAIYALAL GHURATIA VS. SAWAI SINGHAI PANNALAL [DISSENTED FROM]

JUDGEMENT

(1.) QUESTIONS of considerable importance in the law of Arbitration arise for consideration in this case. The questions are : (1) Whether the dismissal by court of an original petition by the Arbitrator under S.28 of the Arbitration Act, 1940 to enlarge the time for making the Award, will amount to 'superseding an arbitration' and whether an appeal will lie under S.39 of the Act from the order of dismissal; (2) whether the Arbitrator can file an appeal from an order of the Court refusing to enlarge the time for making the Award; and (3) when the Arbitrator dies pending the appeal can any of the parties to the Arbitration agreement get himself transposed as the appellant. A question whether an Award passed in violation of an injunction restraining the Arbitrator from passing an Award has to be ignored also arises in the case.

(2.) THIS appeal was filed by the Arbitrator against the order of the Court below dismissing his original petition for enlargement of time for making the Award under S.28 of the Arb. Act, 1940. By the same order the Court also dismissed the interim application by which the appellant Arbitrator filed in court the Award he made pending the Original Petition for time to make the Award.

(3.) THE Court below dismissed the Original Petition for extension of time for making the Award and LA. 208 of 1975 filing the Award in court holding :

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E K ABDULKHADER HAJI Vs. THALAKKAL KUNHAMMAD

Referred Judgements :-

JUDGEMENT

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