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1959 (5) TMI 37 - SUPREME COURT
Arbitration award
Held that:- Appeal allowed. The settlement did not amount to an accord and satisfaction. Till the terms of it had been carried out, the appellant retained all its rights under the contract. It was said that the case had been made in paragraphs 34 and 35 of the respondent's petition to the High Court. I do not think it was there made. These paragraphs refer to the arbitrator's decision that he had jurisdiction to arbitrate as the settlement had not destroyed the arbitration clause and the contention there made was that this decision was erroneous on the face of it. This has nothing to do with the question that the award was wrong on the face of it as it awarded a sum in excess of the amount fixed by the settlement. Whether the arbitrator was right or not in his decision that the arbitration clause had not been superseded is irrelevant for that is the question that the Court was called upon to decide in the application. Thus order of the High Court set aside