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TMI Blog1936 (11) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... n to arbitration. The learned District Judge has considered the second of these grounds but he left it undecided, He did, however, find that there had been inordinate delay. Undoubtedly there had been, seeing that the arbitration began in 1932 and no award had been reached by 1936. But he thought that after so much labour it would be better to give an extension of time for the making of the award. I think that this was a matter entirely within the discretion of the learned Judge. section 12 of the Arbitration Act enables the court to enlarge the time for making an award whether the time for making the award has expired or not. There is nothing in the section to suggest that the court should not exercise this power, unless it-has been expres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oke a submission if there was reasonable ground for supposing that an arbitrator was going wrong in point of law even in a matter within his jurisdiction. There is therefore no doubt that the court has the power to give leave to revoke the submission to arbitration in this particular case, and that this is the appropriate remedy if the court is satisfied that the submission was ultra vires the particular provisions of the company's Articles of Association under which, it purported to have been made. The Article in question is Article 113 which says: "The Managers shall not take any proceedings at law against any Member or Members of the Company: nor shall any Member or Members take any such proceedings against the Managers or against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is the defendant Company that he seeks to make liable for damages. Para 22 summarizes his case: "The plaintiff states that the defendant Company has by its unreasonable conduct and unjustifiable delay caused enormous loss to the plaintiff. The plaintiff by reason of the said conduct of the defendant Company could not completely settle his debt in 1929 and there was loss of interest on the amounts held back by the defendant Company and enormous interest accrued due to the plaintiff's debts and plaintiff was put to enormous loss. The defendant Company had no reason or justification of any sort not to have sent the share certificates to the plaintiff as above stated after 25-11-29 and the defendant Company is liable to make good the loss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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