https://www.taxtmi.com/caselaws?id=160818 In a pending partition dispute, a consensual arbitration reference was held valid even after a preliminary decree, because appellate proceedings are a continuation of the suit and section 21 of the Indian Arbitration Act, 1940 permits reference while matters remain in difference. The award was also upheld because it did not adjudicate title to immovable properties in Burma; it only recorded admitted positions and made practical arrangements for partition. The High Court stay order barred only the drawing up of the final decree and did not prohibit arbitration proceedings, so the award did not violate that restraint. en-us Fri, 13 Nov 1959 00:00:00 +0530 Wed, 03 Sep 2014 20:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=160818 In a pending partition dispute, a consensual arbitration reference was held valid even after a preliminary decree, because appellate proceedings are a continuation of the suit and section 21 of the Indian Arbitration Act, 1940 permits reference while matters remain in difference. The award was also upheld because it did not adjudicate title to immovable properties in Burma; it only recorded admitted positions and made practical arrangements for partition. The High Court stay order barred only the drawing up of the final decree and did not prohibit arbitration proceedings, so the award did not violate that restraint. Case-Laws Companies Law Fri, 13 Nov 1959 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=160818