LAWS(DLH)-2008-1-212

KUM KUM MITTAL Vs. SHRI SANDEEP MITTAL

Decided On January 23, 2008
Kum Kum Mittal Appellant
V/S
Shri Sandeep Mittal Respondents

JUDGEMENT

(1.) In this application under Sec. 9 of the Arbitration and Conciliation Act, 1996, the Petitioner claims orders for restraining the first respondent from carrying out changes in the cold storage and Chamber No. 3 which has allegedly become in-operational, and a further direction to the said respondent to deposit 50% income from the Delhi Cold Storage w.e.f. 27.7.2005.

(2.) Disputes arose between the heirs of Late Shri S.K. Mittal, who died on 14.12.1986 regarding the share in his estate and business. The petitioner is his widow, and the respondents, his sons. The disputes were apparently sought to be settled through documents, however since a further differences arose, the parties agreed to, and referred them for arbitration by Justice P.K. Bahri (Retired) - hereafter called "the Arbitrator".

(3.) The agreements/settlement executed by parties, were dated 01.10.2001 (family settlement) and implementation Agreement (dated 22.03.2001). The Arbitrator made his award on 27.07.2003 and are order dated 31.1.2007 under Sec. 33 of the Act, on application of all parties. According to the award, the following directions were issued: