Kolkata Court December 1955 Judgments

Biswanath Ghose and ors. Vs. Sudhir Kumar De

Court: Kolkata

Reported in: AIR1957Cal21,60CWN786

P.N. Mookerjee, J. 1. This appeal is by the defendants and it arises out of a suit for money for recovery of a sum of Rs. 16,000/- due on a Hatchita. The suit was filed on 26-8-1948. It was originally contested on various grounds and a number of issues were framed on 17-3-1948. Eventually, however, on24-8-1949, the parties agreed to refer their disputes to two named Arbitrators Sri Dibakar Konar and Sri Kamala Charan Goswami, both pleaders of the local Bar. The Arbitrators made their award on25-2-1950, and the award was in favour of the plaintiff for a total sum of Rs. 14,000/- including costs. 2. Prior to this date, however, on 23-2-1950, the defendants had made a prayer before the Court for payment of their dues, if any, by certain instalments. They also filed simultaneously an application before the Court for giving directions to the Arbitrators to consider this question of instalment. On the next date, the plaintiff filed objections to the defendants' above prayer and the defendant...