Dukharan Mahton vs Rambhagwan @ Karoo Mahton

Das, J.—I think this application must succeed. The J earned Subordinate Judge admits that there were certain investigations made by the arbitrators in the basti "in the absence of the plaintiff and the defendant" but he says that ''the award does not expressly show that it is based on the private enquiries made by arbitrators." I cannot agree with this conclusion. It is well settled that the arbitrators, are not entitled to conduct any inquiries behind the back of the parties concerned, and if they do so, their awards are open to the most serious objection. I must accordingly allow this application, set aside the order of the learned Subordinate Judge and supersede the arbitration. The result is that the learned Subordinate Judge must now proceed with the suit. There will be no order for coats.