(1.) The order passed on 18th January, 2002 by learned Single Judge deciding two preliminary issues is under challenge in this appeal by defendants 1 and 2. The two issues decided by the impugned order as preliminary issues reads
(2.) Learned Single Judge decided both the issues in favour of the plaintiffs holding that the suit in the present form is not barred under Section 32 of the Arbitration Act and is not liable to be stayed and that the award of the arbitrator which was made rule of the court culminating in a decree does not operate as res-judicata so as to bind the plaintiffs vis a vis the nature of the suit that has been filed.
(3.) In October, 1993 S.No.2428/93 was filed by (1) Bhai Hospital Trust; (2) Dr. Bhai Mohan Singh, the Managing Trustee of the Trust; (3) Sardar Jaswant Singh and (4) Mr. S.C.Chhabra as plaintiffs against (1) Dr.Parvinder Singh, Chairman and Managing Director, Ranbaxy Laboratories Limited; (2) Malvinder Mohan Singh; (3) Rana Ranbir Singh Grewal; (4) Mr.Gurpreet Singh Sodhi; (5) Ranbaxy Laboratories Ltd. and (6) Mr. Jagdish Anand. It was alleged that plaintiff No.2 is the founder of some public and private trusts including plaintiff No.1 Trust, which was created by and under trust deed dated 8.10.1979. Plaintiffs 2 and 4 and defendant No.6 are the first trustees of the Trust. Plaintiff No.3 was appointed as an additional trustee. Plaintiff No.2 was also empowered by the trustees to act as the Managing Trustee and he continued to manage the affairs of the Trust from its inception.