Law: Arbitration Act, 1940

Section: 43,34,21

Law: Arbitration Act, 1940

Section: 43,34,21

Law: Civil Procedure Code (V of 1908)

Section: O.X,R.1A,S.89

(a) Specific Relief Act (I of 1877)-------S. 42---Arbitration Act (X of 1940), Ss.21 & 34---Civil Procedure Code (V of 1908), S.89-A & O.X, R.1A---High Court under its original jurisdiction passed consent order referring the matter to arbitration on the basis of joint consenting statement made by the defendant and one of the plaintiffs representing other plaintiffs---Plaintiffs were shareholders of the same company---Said other plaintiffs challenged the consent order contending that defendant's application for arbitration having been dismissed, no arbitrator could be appointed on the basis of joint statement and further urged that the company was no party to the suit and consent of plaintiffs was not obtained---Validity---Company was a family concern and could be treated like partnership concern---Said other plaintiffs/appellants, being in majority, were entitled to run the affairs of the company but they could not stop other shareholders from participating in affairs of the company except in accordance with law---Vakalatnama on record showed that the counsel had authority to effect compromise---No allegation of transgression of authority was made against the counsel---Interest of the company and the plaintiffs were the same; they could not take benefit of corporate veil to upset the order made on the basis of statement made by one of plaintiffs in the presence of counsel of said other plaintiffs/ appellants---Law did not bar recourse to any method of alternate dispute resolution including mediation or arbitration at any stage of the proceedings even after dismissal of application under S.34 of the Arbitration Act, 1940---Refusal of a party to arbitration at one point of time would not perpetually bar such party from subsequent recourse to arbitration---Under S.21 of the Arbitration Act, 1940, parties to the suit might apply in writing to the court for an order of reference to arbitration at any time before the pronouncement of ---Under S.89-A and O.X, R.1A, C.P.C. the court night adopt any alternate method of dispute resolution including meditation, conciliation or any other means including arbitration for bringing an end to the controversy and…

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