P D KHANNA Vs. ASHWANI KHANNA

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated 15th March 2002 passed by the learned Single Judge dismissing OMP Nos. 71 and 93 of 1999 filed by the appellants challenging an Award dated 1st January 1999.

(2.) THE background to the filing of the present appeal are that an arbitration agreement dated 4th September 1996 was entered into by the members of the "khanna Family" whereby the disputes concerning distribution of the properties amongst them were referred for arbitration by a Sole Arbitrator Mr. Navinpal singh Bhandari. There are five groups in the Khanna family. Group A is headed by Mr. P. D. Khanna, Group B by Mr. L. R. Khanna, Group C by Mr. Y. P. Khanna, group-D is represented by Mr. Ashwani Khanna son of late Mr. O. P. Khanna and group E by Mr. P. P. Khanna. The disputes related to the distribution of 17 different immoveable properties as well as the assets of the businesses run by the different groups. The incidental issues concerning the liabilities of the businesses of the different groups were referred for arbitration. It was stated in the arbitration agreement that the immovable properties standing in the individual names of any of the parties would be treated as belonging equally to all the brothers or their family members and would be included in the family hotchpotch along with all other assets.

(3.) AS regards the scope of the reference, it was agreed that: