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1959 (11) TMI 54 - SC - Companies LawValidity of the award made by the arbitrators to whom the matters in dispute between the parties were referred pending the present- litigation questioned Held that:- High Court was right in answering the question against the appellants. Therefore the award is not open to the attack that it deals with immoveable properties out of the jurisdiction of the court. The award is not and does not purport to be a final decree in the proceedings and the proceedings before the arbitrators substantially correspond to the proceedings of the enquiry which the Commissioner would have held even under the order of the High Court. Therefore this, contention must also fail. The fact that a preliminary decree had been drawn up in the present case and it was based upon a judgment delivered by the court cannot exclude the application of s. 21. The judgment which had been delivered by the court not a final judgment contemplated by s. 21. The trial court would, therefore, have jurisdiction to make the order of reference. In the present case proceedings subsequent to the preliminary decree were pending before the trial court and so we must hold that the trial court was competent to act under s. 21. On that view the objection against the validity of the reference based on the provisions of s. 21 cannot succeed Appeal dismissed.
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