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.) IT is alleged that on 8. 2. 2002, the second respondent registered a First information Report (FIR) against the Petitioner alleging commission of offences under Section 498a. According to the complaint of the second respondent, the relationship had turned hostile for 3-4 years. It is also alleged that the respondent attempted to extract money from the petitioner. It is further alleged that the first respondent later implicated in the petitioner in a false criminal case and registered an FIR 316/2002. The petitioner was taken into custody. He relies on an order dated 11. 10. 2002 of this Court in w. P. (C) 1026/2002 where the matter was directed to be enquired into by the district and Sessions Judge.