Document Fragment View

Matching Fragments

10. In my opinion Section 16(3) does hot put a fetter (upon the power of enlargement of tune conferred by Section 16(2). A review of the previous legislation, will support this conclusion.

11. The power of setting aside is defined and circumscribed by Section 30, Indian Arbitration Act, 1940, corresponding to the analogous provision of para. 15, Schedule 2, Civil P. C., 1908, Section 521, Civil P. C., 1882 and Section 324, Civil P. C., 1859.

12. The power to remit the award or any matter referred to the arbitration is given by Section 16(1), Indian Arbitration Act, 1940 corresponding to para. 14, Schedule 2, Civil P. C., 1908; Section 520, Civil P. C., 1882 and Section 323 of the Code of 1859.

16. The Indian Arbitration Act, 1899 by Sections 12 and 13 empowered the Court to extend the time for the making of the award and to remit an award for reconsideration and also required the arbitrator to make a fresh award within 3 months of the order" of remission unless otherwise .directed by the Court. The provisions of Sections 12 and 13 of this Act are materially different from Section 16, Indian Arbitration Act, 1940 and I do not think that any assistance on the question in issue can be derived from the decisions in -- 'G. Martirozi v. Subramanian Chettier', AIR 1928 Mad 69 (FB) (D) and -- 'Tejpal Jamunadas v. B. Nathmull & Co.', AIR 1920 Gal. 115 (E) which decided that under Sections 12 and 13, Indian Arbitration Act, 1899, the time to make fresh award on reconsideration of the remitted award may be extended after the time has expired. (17) The case of -- 'Badri Narain v. Sheo Koer'.