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TMI Blog1942 (8) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... t not having obtained representation to the estate of her husband was not entitled to conduct arbitration proceedings or refer the disputes to arbitration and was not entitled to apply to this Court for a decree in terms of the award. 2. In support of the first contention it is alleged in the petition that the contract was in respect of May, 1938, settlement of which the due date was May 25, 1938. The application for a reference should be made within three years of that day and in this case the advocate's telegram intimating that the respondent had appointed her arbitrator and calling upon the petitioner to appoint his was dated May 26, 1941. No other facts are alleged in respect of this contention. It is pointed out for the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and by-laws of the said association shall so far as they relate to matters for which by-laws may be made under the provisions of Sections 5 and 6 be deemed to be by-laws of a recognised cotton association. Under Section 6 the Board of Directors, subject to the sanction of the Governor-in-Council, is authorised to make from time to time by-laws for the regulation and control of transactions in cotton, and without prejudice to the generality of that principle, Sub-section (2), Clause (g), empowers the Board to frame by-laws providing for the terms, conditions and incidents of contracts and the forms of such contracts as are in writing. 4. In the present case the original contracting parties were both members of the Association. It is cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcepted from the operation of the Arbitration Act. In this connection my attention has been drawn to the following observations of Rangnekar J. in Fazalally v. Khimji (1933) 36 Bom. L.R. 1005 :- The by-laws in this case are statutory.... The by-laws being valid and the contract being subject to the by-laws, the scheme of the arbitration provided by the by-laws is binding on the parties, and the final decision of the domestic tribunal agreed upon would be an award, and, in my opinion, could be filed under Section 11 of the Act. The second contention of the petitioner therefore fails. 5. In respect of the third ground, it was the respondent who sent the notice to proceed with the arbitration. She was not one of the contracting par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner's argument in substance is that the umpire came to the decision on insufficient or inadequate materials. It is unnecessary to state that an award cannot be challenged on the ground that the arbitrator had made the award without adequate materials, i.e. materials on which a Court of law would not have decided to that effect. That would amount to going behind the award which is not within the jurisdiction of the Court. Reading the petitioner's statement about the will and about two persons being left behind the deceased, and reading the award as framed, I see not illegality on the face of the award. The arbitrators have decided and must have been satisfied on the facts placed before them or the umpire that the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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