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1 - 10 of 25 (0.21 seconds)The Arbitration Act, 1940
Section 5 in The English And Foreign Languages University Act, 2006 [Entire Act]
Gopalji Kuverji vs Morarji Jeram Naranji on 16 January, 1919
8. We will now proceed to see how far this argument of the respondent can be accepted. Section 8 of the Indian Arbitration Act deals with the power of the Court in certain cases to appoint an arbitrator, umpire or a third arbitrator. Section 9 of the Act deals with the power which the parties have in certain cases to supply the vacancy. I do not think it is necessary for deciding this case to deal at length with the scope of the provisions of these two sections, as I am prepared to accept the reasoning of the learned Judges in Gopalji Kimherji v. Morarji Jeram (1919) I.L.R. 43 B. 809, in which the question is discussed elaborately. In that case, strongly relied on by the respondent, it was held by Scott, C.J., and Hayward, J., reversing the judgment of Marten, J., that, in a case of submission to three named arbitrators all of them after acting having declined to proceed any further, the Court had no jurisdiction to appoint fresh' arbitrators in their place under the Indian Arbitration Act.