Arbitration clause scope and enlargement of time: court may revoke an ultra vires submission and extend award time discretionarily.

Time for making an arbitral award may be enlarged at the court's discretion even without a formal application, and inordinate delay alone does not compel revocation. The dispute was nevertheless outside the arbitration clause because it was a claim by a shareholder against the company itself, not a matter between a member and the managers concerning the company's affairs. As the reference to arbitration was beyond the scope of the articles, the court had jurisdiction to revoke the submission, and revocation ought to have been granted.

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Issues: (i) Whether the Court could enlarge the time for making the award notwithstanding the absence of an express application for enlargement, and (ii) whether the dispute fell outside the arbitration clause so that the submission to arbitration was ultra vires and liable to be revoked.

Issue (i): Whether the Court could enlarge the time for making the award notwithstanding the absence of an express application for enlargement.

Analysis: The power to enlarge time under section 12 of the Arbitration Act is discretionary and is not conditioned on a formal request by a party. Where the Court declines leave to revoke the submission, enlargement of time for the award is a permissible consequential course. Inordinate delay by itself did not compel revocation.

Conclusion: The extension of time was within the Court's discretion and was not open to interference.

Issue (ii): Whether the dispute fell outside the arbitration clause so that the submission to arbitration was ultra vires and liable to be revoked.

Analysis: The arbitration clause covered disputes between a member and the Managers with reference to the affairs of the company, not a claim by a shareholder against the company itself. The claim pleaded was directed against the company and sought to fasten liability on it, so it was not a dispute within the contractual reference to arbitration. Since the dispute was outside the scope of the articles, the court had jurisdiction to grant leave to revoke the submission.

Conclusion: The submission to arbitration was ultra vires the articles and revocation ought to have been granted.

Final Conclusion: The revision petition succeeded because the dispute was not referable to arbitration under the company's articles, and the order refusing revocation was set aside.

Ratio Decidendi: A court may revoke a submission to arbitration where the dispute is outside the scope of the arbitration clause or articles of association, and the power to enlarge time for making the award under the Arbitration Act is discretionary even without a formal application.

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