SAVITRI GOENKA Vs. KANTI BHAI DAMANI

JUDGEMENT

(1.) THIS appeal challenges the order of the learned Single Judge dated 31st march, 2008 by which the award dated 25th August, 2001 passed by the respondent no. 3 in favour of the predecessor in interest of the appellant herein, and against respondents no. 1 and 2 was set aside. The appellant is the mother of sh. Ashwini K. Goenka, the original respondent. The objection petition under section 34 of the Arbitration and Conciliation Act, 1996 had been preferred by respondent no. 1 herein, arraying Sh. Aswini Goenka as respondent no. 1 , Smt. Kusum Lata Damani W/o Kanti Bhai Damani as respondent no. 2 and the Arbitrator sh. D. P. Jain, who is the father of Smt. Kusum Lata Damani as respondent no. 3.

(2.) THE case of respondent no. 1 herein, as pleaded in the objection petition has been adequately summarized by the learned Single Judge as follows:-

(3.) THE case of the appellant herein is culled out from the impugned judgment and the same is as under: -9. The respondent contests the allegations about the petitioner's counsel coming to know the existence of the Award on 16. 5. 2003 and detection of the execution case for the first time on 15. 7. 2003. It is claimed that the petitioner conceded that he had filed Civil Suit 86/2004 which was pending before the Civil Judge challenging the Award. The same was however, later withdrawn.