NARENDER KUMAR Vs. RAMESHWAR KUMAR

JUDGEMENT

(1.) THE challenge in this petition, under Section 34 of the Arbitration & Conciliation Act, 1996 ('Act') is to an Award dated 24th July 2004 passed by the arbitral Tribunal ('AT') in the disputes between the parties.

(2.) PETITIONER No.1 is Mr. Narender Kumar and Petitioner No.2 is Mr. Ashok Kumar and the Respondent is Mr. Rameshwar Kumar. All three are sons of late Mr. Prabhu Dayal. Mr. Rameshwar Kumar is the eldest son and Mr. Narender Kumar and Mr. Ashok Kumar are the 2nd and 3rd sons respectively.

(3.) THE Petitioners state that the Respondent fell out with his late father and on 16th October 1999 Mr. Prabhu Dayal published a notice in the National Herald, disowning him. It is stated that on 22nd September 2000, Mr. Prabhu Dayal executed a Will, which was also registered, in which he disinherited and disowned the Respondent from all his movable and immovable assets due to threats and physical assaults on him by the Respondent and his two sons and his wife. It is stated that during the lifetime of Mr. Prabhu Dayal it was agreed that the disputes regarding the parties could be resolved through the arbitration of respectable persons belonging to Multan Sewa Samiti, i.e., Dr. B.N. Khanna, Mr. Om Prakash Thukral and Mr. Nand Lal. Although it is admitted that there was an agreement entered into between the parties on 17th July 2002 agreeing to refer the disputes mentioned in Annexure-A to the agreement to arbitration, the Petitioners state that the only dispute that was referred to arbitration concerned the residential property at A-2/6, Model Town, Delhi.