NARAYAN PRASAD LOHIA Vs. NIKUNJ KUMAR LOHIA

JUDGEMENT

(1.) Civil Appeal No. 1382 of 2002 is directed against the judgment and order of the High Court of Calcutta dated 18th May, 2000 in A.P.O. No. 620 of 1999 whereby the Division Bench of the Calcutta High Court while affirming the order of the learned single Judge dismissed the appeal of the appellant and affirmed the finding of the learned single Judge that the purported arbitral award made and published by the 5th and 6th respondents on October 6, 1996 was void and unenforceable and was not binding on the parties.

(2.) Civil Appeal No. 1384 of 2002 is directed against the judgment dated 14th July, 2000 whereby the High Court dismissed A.P.O. No. 619 of 1999 following its earlier judgment dated 18th May, 2000.

(3.) The facts not in dispute are that the appellant and the respondents belong to the same family. On disputes and differences arising in respect of family business and properties, they agreed to get them resolved through one Shri Pramod Kumar Khaitan. Later on 29th September, 1996 the parties agreed to the disputes being resolved by the aforesaid Shri Pramod Kumar Khaitan and one Shri Sardul Singh Jain. The parties accordingly submitted their respective claims before the aforesaid two persons and took part in the proceedings which resulted in an award dated 6th October, 1996.