The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday July 13 1903

Thirdly where the agreement of reference is made and the arbitration itself takes place without the intervention of the Court and the assistance of the Court is only sought in order to give effect to the award. [...] Under the first head the agreement to refer and the application to the Court founded upon it must have the concurrence of all the parties concerned and the actual reference is the order of the Court; so that no question can arise as to the regularity of proceedings up to that point. [...] as %uch must be taken in order to bring the matter—the agreement to refer or the award as the case may be—under the cognisance of the the Court : it is or may be a litigious proceeding— canoes may be shown against the application—and it would seem that the order made thereon is a decree within the meaning of that expression as defined in the Civil Procedure Code. [...] Next followed the purchase of the property by Mellor but before the completion of the purchase of the hotel the Defendants by a hi Lpurchase agreement in writing agreed with e on hire the furniture and effects in the said hotel Me eeing to pay the Respodents £2 412 as rent for of the same until 15th May 1907 by quarterly instalme n pa went whereof in full the furniture an were to become the p [...] Justice Wright held that the true nature of the transaction between Mellor and the Respondents was a loan of £2 000 by them to Mellor and the hire purchase agreement was intended to be a security to the Respondents for the repayment of the loan that as the hire purchase agreement contained a license to seize the goods it was a bill of sale and ineffective for want of registration under the Bills