________________
It is on the other hand equally clear that the Sangh is also guilty of laches, carelessness and reinissness in as much as it did not stir itself at an earlier date to entitle themselves to justice and fairness in any Court of Law.
Coming to the merits of the Award itself the impression that is likely to be created in any thinking mind is that the Award is in favour of the complainants only, a circumstance which indicates entire partiality at the hands of the learned arbitrator. Where a criminal liability is once determined by a competent Court it ought to have been dealt with on its merits, but the learned arbitrator seems to have entirely ignored the matter.
One more noteworthy feature of the Award is that it is not signed by the complainants The statements to whieh the arbitrator has committed himself ‘ સનાતન ધર્મવાળાઓએ આપેલા પંચાયત નામામાં ઠરાવનો 24 HEL HOTEL 521 ziyat 77 yella sua .” leads a man to believe strongly that the arbitrator has very likely colluded with the complainants which would entitle the Jain Sangh to move a Law Court to set aside the present award on the ground of misconduct of the learned arbitrator.
Ordinarily the principle that inust prevail is that the Award should not leave undetermined any of the inatters referred to arbitration and should not deterinine a matter not referred to it.
Shree Sudharmaswami Gyanbhandar-Umara, Surat
www.umaragyanbhandar.com
