Law: Arbitration Act (X of 1940)

Section: 20,20(4)

    (a) Arbitration Act (X of 1940)   S. 20-Applicable also to cases where more than one arbitrator are to be appointed.   (b) Arbitration Act (X of 1940)   S. 20-Application for filing agreement to refer-Not a- suit--Limitation governed by Art. 181, Limitation Act (IX of 1908) as an application, and not as a plaint.   An application made under section 20 of the Arbitration Act 1940, is not a suit when it is presented and therefore no period of time, as is computable under section 3 of the Limitation Act, 1908 for presentation of plaints can be applicable to it.   Article 181 of the Limitation Act, 1908 prescribes three years as the period of limitation for all applications for which no period of limitation is provided in the First Schedule of that Act or section 48 Civil P. C. The Article is generally applied to appli cations made under Civil P. C. only-not because its operation is expressly so limited but because ejusdem generis rule is applied to it. Even with this limitation it should apply to an application made under section 20 of the Arbitration Act, 1940, because it is numbered and registered as a suit and Civil Procedure Code, 1908, applies to it immediately after it is made. Hansraj Gupta and others v. Official Liquidators of Dehradun I L R 54 All. 1067 ; Union of India v. Firm Kiroo Mal Nawal Kishore A I R 1952 Pb. 423 and Shah & Co. v. Isher Singh Kiipal Singh & Ca., A I R 1954 Cal. 164 ref.   (c) Arbitration Act (X of 1940)   S. 20 (4)-"Sufficient cause' -Includes ground of justice, equity and good conscience.   Date of hearing : 3rd March 1959.   JUDGMENT   The applicant has pleaded that there was an agreement dated the 4th of August 1952, between him and opponents No. 1 and 2. He called upon the opponents by a notice dated the 8th of November 1953 to appoint their arbitrator and informed them that he had appointed one Mr. S. M. Rizwanullah as his arbitrator. The opponents failed to appoint an arbitrator and therefore the applicant appointed Mr. Rizwanullah to act as the sole arbitrator in the reference. The sole arbitrator, however, did not give his award and virtually…