TMI Blog1973 (8) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... ullundur. The defendants in the suits filed applications under Section 34 of the Indian Arbitration Act for stay of the trial of the suits on the ground that the court had no jurisdiction to proceed with the trial in view of the clause for arbitration in the partnership agreements. On February 4, 1968, Bakshi Ram died and his legal representatives, 10 in number, were brought on record. On June 24, 1968, the parties agreed to have the matter referred to arbitration. The court stayed the trial of the suits and referred the matter to arbitrators. Before the arbitrators, a question was raised whether the legal representatives of Bakshi Ram were entitled to continue the suits. The arbitrators stated a special case for the opinion of the court under the first part of Section 13(b) of the Act the question of law, whether the legal representatives are competent to continue the suits. On December 20, 1968, a suit was filed by a firm called Amin Chand and Sons through Shiv Dayal, in the District Court at Rohtak against three of the legal representatives of Bakshi Ram trading under the names Bakshi Ram and Sons , Sohan Lal and Brothers and Kaybus Industries and others , for a permanent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the order and when one of the partners died, the failure to implead his legal representatives would not cause the appeal to abate under Section 107 of the C.P.C. the provisions of Rule 4 of Order XXX will apply to appeals also. 5. Counsel for the respondents also raised another objection namely that since the appeal to the High Court was against the order granting a review, the only grounds which could have been taken in the appeal were those mentioned in Order 47, Rule 7 of the Civil Procedure Code and that the appellants are not, therefore, entitled to canvass the merits of the injunction order here. There is no substance in this objection either. 6. It is not very clear from the order of the trial court whether that court reviewed its previous order vacating the injunction and then passed the order of injunction after granting the review or whether it modified its previous order vacating the injunction in the exercise of its inherent power. If the order under appeal before the High Court is considered to be one granting the review, then certainly the only grounds on which that order could have been impeached in the appeal are those stated in Rule 7 of Order 47. But ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court when it granted the special leave on the basis of the application filed by the appellants for stay of the order of injunction, after setting aside the order under appeal. 9. We, therefore, order that the injunction granted by the District Judge, Rohtak, on March 20, 1969, is varied to the extent that the appellants will be entitled to use the trade mark Amin Chand and Sons and Landra , but they will keep accounts of all goods manufactured and sold and submit six-monthly accounts to the trial court during the pendency of the suit and that the respondents will also keep similar accounts and furnish accounts to the trial court. 10. The appeal is allowed to the extent indicated but is dismissed in other respects. We make no order as to costs. Civil Appeals No. 1296 and 1297 of 1971 11. It might be recalled that Bakshi Ram had filed two suits for rendition of accounts on the basis that the firms stood dissolved by the notices issued by him in 1967 and that after his death, the parties to the suits had agreed to have the subject matter of the suits referred to arbitration. After the arbitrators had entered upon the reference, a question was raised whether the legal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Court any question of law arising in the course of the reference , the words being not for determination or decision by the court, there is no determination or decision when the court gives the opinion. He also said that it would be most inexpedient that, where an opinion is given by the court under this statute in the course of a reference for the guidance of the arbitrators, there should be an appeal which might be carried up to the House of Lords. Bowen, L.J. said that it could not have been intended that, whenever a case is stated under this section for the opinion of the Court, such opinion when taken is to be treated as an absolute determination of the rights of the parties with the result that there may be an appeal from it which may be carried to the House of Lords. He further said that the section in question contemplated a proceeding by the arbitrator for the purpose of guiding himself as to the course he should pursue in the reference and that he does not divest himself of his complete authority over the subject matter of the arbitration but still remains the final judge of law and fact although, a fair and honest arbitrator would, in the absence of special cir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led . Section 14(1) says that when the award is made by the arbitrators, they shall sign it and give notice to the parties of the making and signing of the award; Section 14(2) provides that the arbitrators shall, at the request of any party to the arbitration agreement, cause the award to be filed in court and that the court shall thereupon give notice to the parties of the filing of the award. Then comes Sub-section (3) of Section 14 The entire scheme of the section would show that the section is concerned with the making of an award. Therefore, the reasonable way to read Section 14(3) is that it is concerned only with the latter part of Section 13(b), because the latter part of Section 13(b) provides for stating the award wholly or in part in the form of a special case of such question for the opinion of the court. The opinion given under the latter part of Section 13(b) should be added to and form part of the award under Section 14(3). We do not think that an opinion given under the first part of Section 13(b) should be added to and from part of the award. The reason why the opinion given under the latter part of Section 13(b) should be added to and becomes part of the award is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the other partners as the partnerships were partnerships at will arid that Clauses 14 and 15 of the partnership agreement have nothing to do with the competency of one of the partners to dissolve the firms or the legal representatives of Bakshi Ram to continue the suits. Apparently, it would seem that there was no bar to Bakshi Ram filing the suits for rendition of accounts if the partnerships stood dissolved by the notices issued by him and perhaps there would then be no reason also why his legal representatives could not continue the suits. However, we do not express any final opinion on the merits of the controversy. We need only say that that opinion of the court is not binding on the arbitrators and counsel for the respondents did not contend otherwise. 24. The appeals have to be dismissed and we do so but in the circum-without any order as to costs. Civil Miscellaneous Petitions No. 2183 and 2184 of 1972 25. This application is for taking proceedings for contempt of court against Amin Chand and Sons represented by Shiv Dayal, the respondent in these petitions, for having disobeyed the interim order passed by this Court on the application for stay while admitting S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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