LOVE JAIN Vs. MANAK CHAND JAIN

JUDGEMENT

(1.) Present petition under Article 227 of the Constitution of India has been filed by petitioners against impugned order dated 10th September, 2010 passed by Civil Judge, Delhi, vide which objections under Section 47 read with Order 21 of the Code of Civil Procedure (for short as "Code") filed by the petitioners were dismissed.

(2.) Brief fact which emerges from record are that, petitioners as well as respondent are real brothers and were partner in M/s Jain Jewellers at Shop No. 1168/8, Kucha Mahajani, Chandni Chowk, Delhi-110006. Since certain disputes arose between them, respondent filed a petition before this Court for appointment of an Arbitrator. Sh. A. K. Sikri. J, appointed Ms. Avnish Ahlawat, Advocate, as Sole Arbitrator. The Arbitrator, passed an award on 4th May, 2009 which was later on modified on 21st May, 2009.

(3.) Petitioners filed objections against the award, which were dismissed by S. N. Dhingra. J, vide order dated 7th September, 2009. Thereafter, petitioners preferred an appeal before Division Bench of this Court, which was also dismissed. Subsequently, Special Leave Petition filed by the petitioners was also dismissed by the Apex Court.