SH HARJINDER PAL Vs. SH HARMESH KUMAR FC+

JUDGEMENT

(1.) BY this common order and judgment, it is proposed to decide two petitions, being OMP No. 105/2005 titled Sh. Harjinder Pal vs. Sh. Harmesh Kumar under Section 34 of the Arbitration and Conciliation Act, 1996 and OMP no. 34/2005 titled Harmesh Kumar vs. Sh. Harjinder Pal under Section 9 of the said Act.

(2.) THE facts leading to the filing of the present petitions are within a narrow compass and are as follows.

(3.) THE petitioner and the respondent are real brothers, who were carrying on the business of timber traders jointly from a shop bearing No. 456-C, Chirag delhi, New Delhi. On 31st May, 2000, a Memorandum of Understanding (hereinafter referred to as "mou") was signed between the petitioner and the respondent whereunder they came to the following understanding (Annexure-P1):-