LAWS(DLH)-2008-8-263

AKHIL BHARTIYA MAHAJAN SHIROMANI SABHA Vs. DHARAMVEER MAHAJAN

Decided On August 19, 2008
AKHIL BHARTIYA MAHAJAN SHIROMANI SABHA Appellant
V/S
DHARAMVEER MAHAJAN Respondents

JUDGEMENT

(1.) THESE petitions have been preferred under Section 34 of the arbitration and Conciliation Act, 1996 challenging the aeawarde dated 28th April, 2008 of Justice R. C. Chopra (retd. ). Justice R. C. Chopra (retd.)was appointed as "arbitrator/court Commissioner" vide order dated 29th august, 2007 of the Division Bench of this court in R. F. A. No. 48/2007. For expediency, the order dated 29th August, 2007 aforesaid is set out as hereinbelow.

(2.) JUSTICE R. C. Chopra (retd.) pronounced an 'award' on 28th April. 2008 as 'sole Arbitrator' and found that out of 413 persons who were claimed to be members of Akhil Bhartiya Mahajan Shiromani Sabha, 399 were enrolled after the 'cut off date and their enrolment appeared to have been done only to gain undue advantage in election of President which had not been held after 1997 and held their enrolment contrary to rules and further held the said persons not entitled to participate in the election to be held by him. He issued further directions for holding of elections.

(3.) THE grievance of the senior counsel for the Respondents is that owing to pendency of these petitions, Justice R. C. Chopra (retd.) is not proceeding with the holding of elections.