LAWS(DLH)-2006-1-199

RAMESHWAR DAYAL Vs. KRISHAN SINGH PANWAR

Decided On January 20, 2006
RAMESHWAR DAYAL Appellant
V/S
KRISHAN SINGH PANWAR Respondents

JUDGEMENT

(1.) These three OMPs arise out of the same proceedings and pertain to the same subject matter and are, therefore, being disposed of by a common order.

(2.) I have heard the counsel for the parties. I have examined the award. It appears that there is a great deal of dispute with regard to the genuineness of the Dissolution Deed which has been produced by the petitioner. According to the counsel for the respondent, clauses 2(ii) and 6 of the Dissolution Deed have been interpolated after the Dissolution Deed was signed and executed by the parties. According to the learned counsel for the petitioner, the document has been signed by the parties being conscious of the said clauses 2(ii) and 6 of the Dissolution Deed.

(3.) To ascertain the rival contentions of the parties, I had directed the learned counsel to produce the original of the Dissolution Deed. The same has been produced before me in court today and I find that it cannot be easily and conclusively determined as to whether the Dissolution Deed has been interpolated or not. And, therefore, a thorough investigation is required where both the parties want to lead expert evidence in this regard. Unfortunately, the learned Arbitrator has not considered the matter with the thoroughness that was necessary. Therefore, it would be appropriate that the award that has been passed by the learned arbitrator is set aside and the matter is referred for arbitration afresh to an independent arbitrator agreed upon by the learned counsel for the parties. Upon being asked, the counsel for the parties have suggested the name of Mr S.K.Tandon, retired Additional District Judge, Delhi. Therefore, these petitions are disposed of with the direction that the impugned award dated 27.07.2001 made by Mr Dharm Pal Singh is set aside and the parties are referred to fresh arbitration before the said Mr S.K. Tandon. It is made clear that all issues shall remain open for the parties to agitate before the learned Arbitrator so appointed. It is agreed by the parties that they shall approach the learned Arbitrator within two weeks. In the meanwhile, the restraint order which has been passed in OMP 191/2001 shall continue till further orders passed by the learned Arbitrator. The fee and the procedure to be adopted shall be fixed by the learned Arbitrator himself. Dasti to both the parties.