1966 (8) TMI 61

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....ties, subsequently agreed that part of the goods would be delivered in June, 1948 and the balance goods would be delivered in July, 1948. The dispute between the parties concerns an item of 176 bales and another item of 46-1/2 bales. The respondent claimed from the appellant a sum of Rs. 1,72,856/- made up of (1) Rs. 84,006/2/for loss in respect of 176 bales resold by the respondent with the consent of the appellant and (2) Rs. 88,849/14/- for the balance of the price of 46-1/2 bales bargained and sold but not taken delivery of by the appellant. On February 6, 1950, the respondent instituted against the appellant Civil Suit No. 10-A of 1950 in the Court of the District Judge, Indore claiming the aforesaid sum of Rs. 1,72,856/-, interest the....

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....d in Court. The appellant filed an application to set aside the award. By its order dated December 22, 1952, the District Judge, Indore, dismissed the application, and passed a decree on the award. An appeal from this order preferred by the appellant was dismissed by the High Court of Madhya Pradesh, Jabalpur. The correctness of the judgment of the High Court is challenged in this appeal by special leave. Counsel for the appellant submitted that the award should be set aside for three reasons: He submitted, firstly, that there were errors of law apparent on the face of the award. Now, the claim of the respondent consisted of two items. The first item of claim was 84,006/2/- for loss on resale of 176 bales. The respondent's case was th....

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....t of both items of the respondent's claim. The arbitrator could give a lump sum award.He was not bound to give a separate award for each claim.His award on both fact and law is final. There is no appeal from his verdict. The Court cannot review his award and correct any mistake in his adjudication, unless an objection to the legality of the award is apparent on the face of it. In Champsey Bhara & Company.V V. Jivraj Balloo Spinning and Wearing Company Ltd.( L. R. 50 1. A. 324.), the Privy Council stated: "An error in law on the face of the award means, in their Lordship's view, that you can find in the award or a document actually incorporated thereto, as for instance a note appended by the arbitrator stating the reasons for his judgment....

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....nalogy of section 34 of the Civil Procedure Code, 1908. But section 34 does not apply because an arbitrator is not a 'court' within the meaning of the Code nor does the Code apply to arbitrators, and, but for section 34, even a Court would not have the power to give interest after the suit. This was, therefore, also rightly struck out from the award." These observations divorced from their context, lend colour to the argument that the arbitrator has no power to award pendente lite interest. But, in later cases, this Court has pointed out that the observations in Seth Thawardas's case ([1955] 2 S. C. R. 48,65.) were not intended to lay down such a broad and unqualified proposition, see Nachiappa Chettiar v.Subramaniam Chettiar ([1960] 2 S....