CHANNULAL CHANDRAKAR Vs. CHHANGALAL CHANDRAKAR

JUDGEMENT

(1.) Since the facts and the question of law involved in both the appeals (M.A. Nos 838/2000 and 633/2000) are common, both the appeals are being decided by this common judgment and order.

(2.) This appeal has been filed against the impugned order dated 24.12.1999 passed by the learned Second Additional District Judge, Durg in M.J.C. No. 16/88 (Changalal Chandrakar v. Chelaram Chandrakar and Ors.), setting aside the arbitral award dated 20.4.1987 and 21.4.1987.

(3.) Brief facts of the case, in nutshell, are that applicant - Changalal Chandrakar filed an application under Section 33 read with Section 30 of the Arbitration Act, 1940 for setting aside of the arbitral award, which was registered as M.J.C. No. 16/88. The parties therein were real brothers. For distribution/ partition of the moveable and immoveable properties they entered into an arbitral agreement on 30.6.1985 and appointed Shri Bhagwat Prasad Chandrakar, Shri Sadaram Chandrakar and Shri Chudamani Chandrakar as Arbitrator (Panch). The Arbitrators passed the award on 21.4.1987 which was produced in the Court on 12.12.1987. The grounds for challenge to the award were that the award passed by the Arbitrators was illegal, it was not properly stamped and it was not registered under Section 17 of the Registration Act, 1908.