ASHWANY KHANNA Vs. P D KHANNA

JUDGEMENT

(1.) Various petitions are pending in this court which are filed by different parties under different provisions of law.The parties to all these petitions are close relations.They had various businesses and residential properties in common.These parties which from a large family are for the sake of convenience, put into five groups and are described as Group-A, Group-B. Group-C, Group-D and Group-E. Group-A is headed by Sh.P.D.Khanna, Group-B is headed by Group-D pertains to late Sh.O.P.Khanna and is represented by Sh.Ashwani Khanna and Group-E is headed by Sh.P.P.Khanna.Disputes arose among these Groups in respect of various properties.They decided to divide the same and become independent of each other.It may individually or under partnership firm.However, they decided to put these oproeprties into common hotch-potch.Agreement dated 4/9/1996 was entered into for settling of the disputes concerning these properties by means of arbitration.The properties were mentioned in Schedule-1 annexed to this as arbitrator who entered upon reference and commenced arbitration proceedings after issuance of notices to all the parties.While this exercise was on, parties entered into family settlement dated 9/5/1997.

(2.) This family settlement, inter alia, records that in the proceedings before the sole arbitrator held on various dates, it was agreed by and acceptable to that suggestions made for distribution of immovable properties among the said Groups-A to E be done in combination in the form of property either industrial or residential can be compensated for by offer of other Group properties and or through sale proceeds of left over properties put in joint stock by Agreement dated 4/9/1996.The parties agreed, as per this settlement, as under: Residential Industrial

(3.) This settlement-further records the role which remains to be played by the sole arbitrator thereafter. The sole arbitrator proceeded with the matter. However, another Agreement dated 25/7/1998 was entered into amongst the parties as per which one Sh.Jagdiah Sahni was appointed as arbitrator There is a dispute whether his appointment was in supersession of the earlier arbitrator's appointment. Be as it may, Sh.Navin Pal Singh Bhandari gave and published his award dated 1/1/1999. The said award is signed on last page by Sh.Navin Pal Singh Bhandari. Below it, Sh.Jagdish Sahni has a also appended his signatures after endorsement is made to the effect that it was announced in his presence and was accepted by all Heads of all the Groups who accordingly signed their acceptance in his presence. This award is challenged by Group-A headed by Sh-P.D.Khanns and Group-B headed by Sh .L.R .Khanna. Both have filed objections under Section 34 of the arbitration and Conciliation Act, 1996 ( for short 'Act'). Objections of Group-A are registered .as OMP 93/99 and objections of Group-B are registered as OMP.71/99