MADAN LAMBA Vs. JAGDISH LAMBA

JUDGEMENT

(1.) The applicant Jagdish Lamba, has prayed for review and modification of the order dated 10.5.2002 passed by this Court in suit nos. 3367/2002 to 3374/2002 making eight awards, as the rule of the Court and seeking condonation of delay in filing the application.

(2.) Facts in brief are as follows: The family dispute amongst four brothers, namely, Madan Lal Lamba, Jagdish Lamba, Harish Lamba and Kailash Lamba in respect of various businesses, which were jointly carried out, was referred for decision to the arbitrators, who rendered eight awards dated 25.10.1986, distributing the assets amongst them. In terms of the awards, applicant Jagdish Lamba retired from partnership of M/s Volga restaurant with effect from 31.3.1986 and Madan Lal took over the business. In consideration thereof, Madan Lal was to pay to the applicant (Jagdish Lamba) a sum of Rs.4.38 lakhs on or before 31.12.1986, and no interest was awarded by the arbitrators. Three brothers accepted the Awards and these were made Rule of the Court in the eight suits noted above, by a common order dated 10.5.2002. However, Madan Lal did not accept the awards and filed objections, which were also dismissed on the same day.

(3.) Madan Lal filed an appeal against the order making eight awards as rule of the court, dismissing his objections (FAO (OS) 224/2002). The Division Bench of this Court vide orders dated 3.9.2002, did not find any merit in the appeal and the same was dismissed. The awards became final.