Law:

Section:

Arbitration Act (X of 1940), S. 5 Revocation of authority of arbitrators Grant of leave Court's discretion Limits. In granting leave under section 5 of the Arbitration Act, 1940 for withdrawal of the authority of the arbitrators, the Court has to exercise its discretion and there are two limits within which discretion is to be exercised : (1) that the Court should not lightly release the parties from their bargain and, (2) that the Court should be satisfied that substantial mis carriage of justice will take place in the event of ;its refusal to grant the leave. The Court should be very cautious before it uses its power under section 5 of the Arbitration Act, 1940. It would be contrary to justice to give leave to revoke the authority of an arbitrator to a party who as a consideration of the contract had agreed to submit his disputes, whether on law or facts to arbitration. Bhuwalka Brothers Ltd. v. Fatehchand Murlidhar .87 C L J 71 dist. Bala Bux Agarwala v. Lachminarayan Jute Manufacturing Co., Ltd. 51 C W N 863 fol. (b) Arbitration Act (X of 1940), S. 5 Application for revocation of arbitrator's authority Petitioner, knowing well that particular arbitrator is member of arbitration to which he is submitting Cannot subsequently present petition on ground that he will not get proper justice at the hands of such arbitrator. Where the petitioner submits to an arbitration, knowing full well that the particular arbitrator is a member of the arbitration, it is not open to him subsequently to say that he has got a reasonable apprehension that he will not get proper and fair trial before the arbitrators. G. Kemp v. Rose (1858) 1 Giff 258 ref. (c) Arbitration Act (X of 1940), S. 5 Application for revocation of arbitration not bona fide Revocation improper. Where the application under section 5 of the Arbitration Act, 1940 is not a bona fide one but is an attempt to hold up the arbitration proceeding, it is exceedingly improper to exercise discretion and grant leave to revoke the submission. Reliance Investment Co. Ltd. v. Union of India A I R 1957 Cal. 151 rel. THIS JUDGMENT DELIVERED BY: CHOWDHURY, JUSTICE---.--- This Rule is directed against the order, dated 25 9 58,…

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