RAVINDER JAIN Vs. LEGAL HEIRS

JUDGEMENT

(1.) These two petitions under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act') are directed against an Award dated 28 th November/13 th November 1998 signed by two of the three members constituting the Arbitral Tribunal which adjudicated the disputes between the Petitioners and Respondents. OMP 69 of 1999 is by Mr. Ravinder Jain, son of late Mr. Bhiku Ram Jain and OMP 70 of 1999 is by late Mr. Bhiku Ram Jain son of late Mr. Mangat Rai Jain and the other four other sons of late Mr. Bhiku Ram Jain. During the pendency of the present petition, Mr. Bhiku Ram Jain expired. His legal representatives (LRs) were brought on record by order dated 2 nd February 2011 in IA 1512 of 2011. On the same date by a separate order in IA 14673 of 2011, the LRs of late Mr. Ajit Prasad Jain, Respondent No.1 in both petitions, were brought on record.

(2.) On 2 nd February 2011 while disposing of IAs 8330 of 2010 and 10290 of 2010 filed by Mr. Virender Kumar Jain, one of the sons of late Mr. Bhiku Ram Jain, this Court directed him to pay Rs. 50,000 to Respondent No.6 and Petitioners No. 3 to 5 in equal shares. While counsel for Mr. Virender Kumar Jain submitted that the said payment was tendered by way of cheque, this is disputed by the counsel for the Petitioners. Be that as it may, it is confirmed by counsel for Mr. Virender Kumar Jain that the cheque so tendered has not been encashed. It is directed that the payment of the costs as ordered by this Court on 2 nd February 2011 will now be made by Mr. Virender Kumar Jain, without any delay, to the Respondent No.6 and Petitioner Nos.3 to 5, through counsel.

(3.) The factual background to the present petitions is that Mr. Ravinder Jain (the Petitioner in OMP 69 of 1999) and Mr. Virender Kumar Jain, Mr. Narender Kumar Jain, Mr. Arvind Kumar Jain and Mr. Adarsh Jain (Respondents No. 7 to 10 respectively in OMP 69 of 1999) are the sons of late Mr. Bhiku Ram Jain (Petitioner No. 1 in OMP 70 of 1999 and Respondent No. 6 in OMP No. 69 of 1999). For the sake of convenience, the Petitioners in OMP Nos. 69 and 70 of 1999 are collectively referred to as the 'BR Jain Group'. Late Mr. Bhiku Ram Jain was the son of late Mr. Mangat Ram Jain. The other son of Mr. Mangat Ram Jain was late Mr. Ajit Prasad Jain (Respondent No. 1 in both OMP Nos. 69 and 70 of 1999). Mr. Amit Jain, the son of late Mr. Ajit Prasad Jain, is Respondent No. 2 in both OMP Nos. 69 and 70 of 1999. For the sake of convenience Respondent Nos. 1 and 2 in OMP Nos. 69 and 70 of 1999 are referred to as the 'AP Jain Group'.