Oswal Woollen Mills Ltd. vs Oswal Agro Mills Ltd. on 22 October, 2013
However, even the above decision is moot on the question as to
whether the entirety of the proceedings which took place before the
arbitrators would be effaced and be of no effect, or whether the
Umpire would take over from the stage of disagreement and decide
the dispute. In this context, although the authors whom the Appellants
cite appear to be unanimous that the "entering upon reference" in lieu
of the arbitrators implies de novo proceedings, there are certain
obvious aspects which stare one in the face. The first of these is that
the parties' positions are well known; the pleadings are completed and
even the points in dispute are outlined; additionally documentary
evidence - at the stage of the arbitrators' disagreement - too is part of
the record. None of the authorities cited suggested that all these steps