Report No. 76

7.7. Section 25.-

Section 25 provides that the provisions of the other chapters shall, so far as they can be made applicable, apply to arbitrations under this chapter. Under the proviso to the section, the court may, in any of the circumstances mentioned in sections 8, 10, 11 and 12, instead of filing up the vacancy or making the appointments, make an order superseding the arbitration and proceed with the suit and when the court makes an order superseding the arbitration under section 19, it shall proceed with the suit. The language of this section appears to be clear enough. It is, therefore, surprising that attempts were made in the past to argue that section 14 would not apply to arbitrations in ordinary suits.1-2 None of the attempts succeeded. We have no changes to recommend in the section.

1. Ram Bharosey v. Pearey La/, AIR 1957 All 265, para. 4.

2. Ramkrishnamma v. Lakshmibavamma, AIR 1958 AP 497 (501), para. 5.