Arbitration reference rescinded as ineffective; civil suit revived and receiver supervision returned to the trial court.

The arbitration reference was rescinded because the parties had failed to complete the process despite repeated appointments and extensions, leaving the dispute unresolved for an extended period. The Court directed that the matter should proceed in the civil suit instead of continuing with an ineffective arbitral reference, and the stay of the suit could not survive once arbitration was withdrawn. The receiver already appointed by the trial court was treated as appointed by that court, and all further questions concerning the receiver and his functioning were left to the trial court to decide in accordance with law.

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Issues: Whether the arbitration reference should be rescinded and the stay of the civil suit vacated, with the pending proceedings and the court receiver thereafter to be placed under the control of the trial court.

Analysis: The parties had failed to complete the arbitration despite repeated appointments and extensions, and the dispute had remained unresolved for a long period. In these circumstances, the Court directed that the matter should proceed in the civil suit rather than continue with an ineffective arbitral reference. Once the reference to arbitration was rescinded, the stay of the suit could not survive. The Court also directed that the receiver already appointed by the trial court would be treated as appointed by that court, and that all future issues concerning the receiver and his working would be determined by the trial court in accordance with law.

Conclusion: The arbitration reference was rescinded, the stay of the suit was vacated, and further proceedings including supervision of the court receiver were left to the trial court.

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