KANTI BHAI DHAMANI Vs. ASHWANI K GOENKA

JUDGEMENT

(1.) IN this petition, under Section 34 of the Arbitration and Conciliation act, 1996 (hereafter called "the Act") the petitioner seeks setting aside of the award dated 25. 8. 2001 (hereafter called "the impugned award") passed by the third respondent.

(2.) ACCORDING to the averments, the petitioner and second respondent are husband and wife, their marriage was solemnized in 1980. It is alleged that in 1982 the petitioner and his wife came into contact with the first respondent (since deceased), as the later was dealing in non-ferrous metals. The parties joined hands in a business relationship. It is claimed that some time thereafter, the petitioner became aware of the first respondent's involvement in criminal cases i. e. FIR No. 151/1998 where he was alleged to have committed offences punishable under Sections 409/420 IPC. The petitioner further claims that his wife, under the influence of the first respondent and the third respondent registered various complaints against him.

(3.) IT is alleged that on 8/2/2002, the second respondent registered a first Information Report (FIR) against the Petitioner alleging commission of offences under Section 498a. According to the complaint of the second respondent, the relationship had turned hostile for 3-4 years. It is also alleged that the respondent attempted to extract money from the petitioner. It is further alleged that the first respondent later implicated in the petitioner in a false criminal case and registered an FIR 316/2002. The petitioner was taken into custody. He relies on an order dated 11/10/2002 of this Court in w. P. (C) 1026/2002 where the matter was directed to be enquired into by the district and Sessions Judge.