ARUN KAPUR Vs. VIKRAM KAPUR

JUDGEMENT

(1.) These two appeals purportedly under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) purportedly because that is the precise question which this Court is called upon to answer, have been filed by the above named appellant against the orders/directions/findings/observations dated 19.8.2001 and 10.9.2000 made by the sole arbitrator Mr.Justice A.M.Ahmadi (former chief Justice of India) in pending arbitral proceedings in relation to certain disputes which have arisen between the parties. As an objection has been raised about the very maintainability of these appeals before this Court at the very outset, the counsel for the parties have been heard at length on this question and therefore this order is confined to the question of maintainability of the appeal under the said provision of law.

(2.) Before coming to the real controversy between the parties, it is necessary to refer to the background leading to the orders/findings of the sole arbitrator which are sought to be assailed in these appeals. Disputes having arisen between.the parties, the parties entered into a Memorandum Of Understanding (hereinafter referred to as the MOU) dated 8/01/1999 which, inter alia, stipulated that in cage of difference of opinion on any matter and if a settlement is not arrived at, the matter will be referred to the arbitration by Hon'ble Mr.Justice A.M.Ahmadi (formar Chief Justice of India) as the sole arbitrator. Pursuant to the said MOU, the arbitral proceedings commenced before the sole arbitrator.

(3.) During the course of the proceedings, an application dated 7.4.2001 under Section 17 of the Act was moved on behalf^of the respondents Vikram Kapur and Rajiv Kapur for a direction oh the appellant herein to disclose the share holding structure and the composition of the Board of Directors of Limrose and for restraining the said Company through the appellants from dealing with or in any way encumbering, selling, alienating, parting, mortgaging or otherwise dealing with the shares of Atlas Cycles Industries Ltd. held by Limrose.