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Ram Sundar Tewari and ors. Vs. Musammat Kulwanti Kunwar and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in66Ind.Cas.499
AppellantRam Sundar Tewari and ors.
RespondentMusammat Kulwanti Kunwar and ors.
Excerpt:
arbitration - award--legal flaw--party procuring legal flaw cannot take advantage of it. - - his failure to sign it in undoubtedly a legal flaw, but it is a flaw which the plaintiffs cannot take advantage of, because they procured it. on that ground alone we think that the learned judge should have decided as he did, although it is true that he has not expressed himself very well on the subject......on that ground alone we think that the learned judge should have decided as he did, although it is true that he has not expressed himself very well on the subject. it is certainly, to my mind, a conclusive answer to revision.shjast, j.2. i agree.3. application dismissed with costs, including fees on the higher.....
Judgment:

Walsh, J.

1. General principles of law must be applied to arbitration matters as to all others. It has been found in this case that the persons objecting to the legal flaw in the award are the persons who procured it. In other word, that they got the arbitrator to refuse to sign the award. The Court has found that the re-calcitrant arbitrator agreed to the award. His failure to sign it in undoubtedly a legal flaw, but it is a flaw which the plaintiffs cannot take advantage of, because they procured it. On that ground alone we think that the learned Judge should have decided as he did, although it is true that he has not expressed himself very well on the subject. It is certainly, to my mind, a conclusive answer to revision.

Shjast, J.

2. I agree.

3. Application dismissed with costs, including fees on the higher stale.


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