SARDAR NIRMAL SINGH Vs. SARDAR HARINDER SINGH

JUDGEMENT

(1.) BY this Petition under Section 34 of the Arbitration and conciliation Act, 1996, the Petitioners have challenged the award dated 4th april, 2003, passed by Mr. Haji Ayamuddin, Sole Arbitrator, Respondent No. 2 herein, on various grounds.

(2.) BRIEF facts relevant for deciding this Petition are that an arbitration Agreement was entered into on 29th August, 2002 between Petitioners and Sardar Harinder Singh/respondent No. 1. As a result of this Agreement, the arbitrator entered into the reference and called upon parties vide a fax message dated 6th November, 2002 to appear before him and Sardar Attar Singh, arbitrators in respect of the dispute. The Petitioners told the Arbitrator that he was acting in a biased manner as he was enjoying hospitality of Respondent no. 1 during his stay in Delhi. Petitioners also wanted photocopy of arbitration letter i. e. Agreement dated 29th August, 2002 and a statement of claim filed by respondent No. 1. The Arbitrator vide his reply dated 8th November, 2002 told the Petitioners that they were putting hurdles in the arbitration proceedings. He refuted the allegations of his being biased and asked the Petitioners to actively participate in arbitration proceedings so that he could make an award.

(3.) EVEN before Mr. Haji Ayamuddin had been assigned the duty to arbitrate between the parties, one Sardar Balwant Singh was also assigned the similar duty and he had given an award which find reference in the award of Mr. Haji Ayamuddin. Mr. Haji Ayamuddin ultimately gave his award, though the petitioners did not cooperate. In the award, he apportioned the properties of different family members of Petitioners and LRs of deceased persons among the petitioners and Respondent No. 1 in following manner: