UNION OF INDIA Vs. PRINCE MUFFAKAM JAHII

JUDGEMENT

(1.) By this intervention application the intervenors seek to:

(2.) The main dispute relates to the jewels belonging to the two Trusts, namely HEH The Nizam's Jewelry Trust and HEH The Nizam's Supplementary Jewellery Trust. The writ petitions and the connected civil appeals were disposed of by an order dated 25th April, 1989 referring the same to arbitration. There was a divergence of opinion between the two arbitrators and the matter was referred to Mr. Justice A. N. Sen as the Umpire. He rendered an Award that the Government of India would pay a sum of Rupees 225,37,33,959/-. This amount was reduced by Rs. 45 crores since there was a typographical error with reference to Item 33 of the Schedule of Valuation of the Award. As a result, the liability of the Union of India to purchase 173 items of jewellery comprised in the two Trusts came to Rs. 180,37,33,959/.

(3.) The Award dated 27-7-1991, was submitted to this Court for appropriate orders. The parties had the notice of the filing of the Award. The Award was not implemented and the Union of India, filed I.A. No.8 of 1991 on 29-8-1991, being a petition under Section 15/16 of the Arbitration Act, 1940, questioning the validity and correctness of the Award. The following prayers were made in the said I.A.: