RAJESH GUPTA Vs. DINESH GUPTA

JUDGEMENT

(1.) The appellants have filed the present appeal under Sec. 37(2)(a) of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act'), impugning orders dtd. 22/7/2020 and 24/6/2021 (hereafter 'the impugned orders') passed by the Arbitral Tribunal.

(2.) The appellants' challenge to the impugned order dated is confined to the findings of the Arbitral Tribunal that no cause of action had arisen for the appellants in respect of certain counter-claims (referred to as Claims A, C, D, E and H). In respect of these counter-claims, the Arbitral Tribunal also granted liberty to revive the same at a subsequent stage.

(3.) The appellants, subsequently, sought revival of two counter- claims referred to as Claim A and H. However, by the impugned order dtd. 24/6/2021, the Arbitral Tribunal did not entertain the same. In respect of Claim A, the Arbitral Tribunal held that there was no material to indicate that the said claim had arisen in connection with the Family Settlements. In respect of Claim H, the Arbitral Tribunal, in effect, held that the same was premature. The Arbitral Tribunal's order dtd. 24/6/2021 is challenged to the limited extent that the aforesaid claims have not been entertained.