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Nainsukh Rai Vs. Umadai - Court Judgment

LegalCrystal Citation
SubjectArbitration
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All273
AppellantNainsukh Rai
RespondentUmadai
Excerpt:
arbitration - setting aside award--corruption or misconduct of arbitrator--revocation of submission to arbitration--civil procedure code, section 508. - - 1. the subordinate judge has rejected the award on the mere surmise that the arbitrator was partial, the grounds being that his decision is summary, and he failed to take evidence......the arbitrator was partial, the grounds being that his decision is summary, and he failed to take evidence. an award can only be set aside for corruption or misconduct. but there are no sufficient reasons for assuming corruption or misconduct; and in the absence of any evidence on these points the award cannot be set aside. the defendant, after having agreed to refer to arbitration, and after the order of reference had been made by the court under section 508, could not arbitrarily and on no sufficient ground withdraw from her agreement pestonjee nussurwanjee v. manockjee & co. 12 moo. i.a. 130. the objection therefore on the defendant's parr, that the reference had been revoked, fails. the decree is set aside, and the casewdlge back to the subordinate judge to determine the other.....
Judgment:

Oldfield, J.

1. The Subordinate Judge has rejected the award on the mere surmise that the arbitrator was partial, the grounds being that his decision is summary, and he failed to take evidence. An award can only be set aside for corruption or misconduct. But there are no sufficient reasons for assuming corruption or misconduct; and in the absence of any evidence on these points the award cannot be set aside. The defendant, after having agreed to refer to arbitration, and after the order of reference had been made by the Court under Section 508, could not arbitrarily and on no sufficient ground withdraw from her agreement Pestonjee Nussurwanjee v. Manockjee & Co. 12 Moo. I.A. 130. The objection therefore on the defendant's parr, that the reference had been revoked, fails. The decree is set aside, and the casewdlge back to the Subordinate Judge to determine the other objection taken to the award, and if it fails, to decree in accordance with the award: costs to follow the result.


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