SANJAY GUPTA Vs. DEEPAK GUPTA AND ORS

JUDGEMENT

(1.) On a first reading of the pleadings in the present petition under Section 9 of the Arbitration and Conciliation Act, 1996, it appeared that the respondents were acting unfairly, however, after hearing the counsels for both the parties it is found that whereas the respondents have rectified their mistakes, and it is the petitioner who is however acting in a totally unfair and unacceptable way. What is this unfairness and unreasonableness of the petitioner, I am stating hereinafter.

(2.) By this petition under Section 9 of the Arbitration and Conciliation Act, 1996, the following reliefs are prayed:-

(3.) Both the parties concede that they are bound by various agreements which were entered into for dividing the joint businesses etc between them, and some of the clauses of the second Agreement dated 26.09.2009 which are relevant for the decision of the present petition are Clauses 11 to 14, and which read as under:-