Law: Arbitration Act (X of 1940)

Section: 14 , 20 , 30

Arbitration Act (X of 1940)--- ---- Ss. 14, 20 & 30 --- Partnership deed contained arbitration clause --- Dispute between partners --- Defendant neither appointed his arbitrator nor he appeared before Arbitrator appointed by plaintiff in spite of service of notice on him, consequently arbitrator proceeded ex parte against the defendant --- Arbitration agreement contained clause about reference to Arbitration any dispute or difference which could arise between parties --- Where there were differences between parties dissolution and rendition of account being only remedy, there was no substance in objection raised by defendant --- In absence of any illegality on face of award, same was made rule of Court. Plaintiff No.2 in person. Nemo for Defendants. Date of hearing: 20th November, 1990. JUDGMENT Arbitrator Mr. Mohammad Akhtar, Advocate has filed this Award under section 14 of the Arbitration Act. Usual notices were issued to the parties which were served upon* the plaintiff on 9-1-1989 and on the defendant on 8-2-1989. Plaintiffs did not file any objections, where defendant riled objections on 28-2-1989 supported with an affidavit. The objections of the defendant in brief are that the defendant had not referred the matter to the, Arbitrator. It was only the plaintiffs, who had appointed the Arbitrator. According to the Partnership Deed which contained arbitration clause, two Arbitrators were to be appointed one by each party, whereas only the plaintiffs appointed the Arbitrator. The defendant had neither appointed him as Arbitrator nor had he consented to the appointment. A notice was served upon the defendant by the plaintiffs to which he replied. Thereafter defendant received notice from the Arbitrator. When the   defendant appeared before the Arbitrator, he informed him that the plaintiffs had already obtained ex parte Award. The plaintiffs riled reply to the above objections of the defendant alongwith counter-affidavit wherein they have alleged that the reference to the Arbitrator was in accordance with the Deed of Partnership. Notice was issued to the defendant by the Arbitrator to appear and make any objections to the arbitration. The counsel of…