Mumbai Court February 1895 Judgments

Vallabhdas Meghji Vs. Cawajee Framji and Co.

Court: Mumbai

Reported in: AIR1925Bom469

Taraporewala, J.1. In this matter the petitioner prays that the appointment of Vithaldas Damodar Govindji as sole arbitrator under Section 9 (b) of the Indian Arbitration Act made by the respondents may be sot aside and that it may be declared that the power of appointing arbitrators under the partnership agreement having once been exercised by both the partners has been exhausted and that reference to Vithaldas Damodar Govindji be revoked. In the alternative the petitioner asks that a fit and proper person nominated by the petitioner may be appointed as an arbitrator on petitioner's behalf to act along with the said Vithaldas Damodar Govindji.2. The whole argument as to the revocation of the appointment of Vithaldas Damodar Govindji is based on Section 9 of the Indian Arbitration Act. It has been argued that that section applies only where one of the arbitrators dies or becomes incapable or refuses to act, but that where both the arbitrators refuse to act the arbitration comes to an e...