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Documents citing State Of Mysore vs R.J. Shah And Co. Ltd. And Anr. on 24 February, 1967

Oswal Agro Mills Limited vs Oswal Woollen Mills Limited on 17 April, 2007

14. Learned Counsel drew the attention of this Court to the judgment of the learned single Judge in State of Mysore v. R.J. Shah and Co. Ltd. and Anr. AIR 1969 Mysore 237 which held that the reading of Section 3 of the said Act along with Rule 4 of Schedule I made it clear that in case of a reference to an Umpire on disagreement between the arbitrators, all matters including matters in respect of which arbitrators disagreed fall to be decided by him. The first Schedule of the Arbitration Act can be excluded by agreement of the parties but in the absence of express words to that effect where an Umpire enters on the reference in lieu of the arbitrators, all the matters fall to be decided by him and not merely matters in respect of which arbitrators have disagreed. It was further held that the Umpire has to hear the evidence de novo if an application is made to him to do so by either party notwithstanding that the same evidence has already been adduced before the arbitrators and the Umpire can make his award on the notes of the evidence taken by the arbitrators only if no party objects.
Delhi High Court Cites 12 - Cited by 0 - S K Kaul - Full Document
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