LAWS(DLH)-2008-2-238

CHHAYA SHRIRAM Vs. DEEPAK C SHRIRAM

Decided On February 19, 2008
CHHAYA SHRIRAM Appellant
V/S
DEEPAK C.SHRIRAM Respondents

JUDGEMENT

(1.) THIS application under Section 11 of the Arbitration and conciliation Act, 1996 has been made by the applicant seeking appointment of sole Arbitrator for adjudication of the disputes between the applicant/petitioner and the respondents, arising out of or in connection with the Trust Deed dated 14th September, 1984.

(2.) BRIEF facts relevant for the purpose of deciding this application are that a trust in the name of 'chinar Trust' was constituted on 14th September, 1984 between Brigadier Rajaratnam Lokranjan ( on one part) and mr. N. R. Dongre and Mrs. Sumitra Charat Ram (on the other part ). Brigadier rajaratnam was the Settlor of the Trust and Mr. N. R. Dongre and Mrs. Sumitra charat Ram were the two trustees of the Trust. This Trust with an amount of rs. 5001/- was opened for the benefit of the beneficiaries as defined in the trust. As per Trust, upto the period of 30th June, 1989 Vishvakarma Trust, a trust settled by Mr. Prem Pandhi in terms of Trust Deed dated 26th June, 1984 was to be the beneficiary and from 1st July, 1989 the beneficiaries as stated in vishvakarma Trust were to become beneficiaries under this Trust in the same proportion, extent and mode as under Vishvakarma Trust. The Trust also provided that after original trustees, the subsequent trustees shall be those as may be appointed under the provisions of the Trust Deed.

(3.) THE Trust Deed contained an Arbitration Clause which reads as under: