________________
७८
Messrs. Amichund Khemchand, Leherubhai Chunilal and others have placed before ine the award published by Mr. Kotavala on the 21st day of January 1917 with reference to the notorious Charup Case of Patan. On a careful perusal of the judgment delivered by A. A. Kehimkar in Criminal Case No. 18-15-16 the submission paper dated 2-12-16 and other materials furnished to me, I come to the following conclusions,
(1) It appears that the signatories to the submission paper have signed in their individual capacites and it is not at all clear whether these signatories had any authority from the Jain Sangh of Patan to refer a matter of such capital importance to arbitration under circumstances, which would have elicited more prudent consideration from any other arbitrator. The learned arbitrator has based his Award on the ground that the submission paper is sufficiently signed, but it is apparent that the blunder committed by him is of twofold character, In the first place the signatories are not accused persons who are required by law to sign the submission paper and in the second place the said signatories have not put their signatures under the weight of any representative capacity. Not only the said Sangh has conferred no authority on the said signatories but it is distinct from the opposition at present created that the Sangh as a whole had no hand in the matter of the present arbitration. Under the circumstances it appears to me that this Award is not binding on the Sangh which is not made a party to the submission paper.
Shree Sudharmaswami Gyanbhandar-Umara, Surat
www.umaragyanbhandar.com
