SURESH SHIVKUMAR JOSHI Vs. RANJAN RAMESHCHANDRA JOSHI

JUDGEMENT

(1.) THIS appeal is preferred under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, "the Act") by which the judgment and order dated 21 -10 -2003 passed by the learned Civil Judge (Senior Division), Vadodara in Civil Miscellaneous Application No. 233 of 1991 is under challenge.

(2.) LEARNED Advocate Mr. H. J. Trivedi for the appellants submitted that the judgment and order passed by the learned Judge is not based on evidence on record. The learned Judge ought to have taken into consideration the market -value of the properties in question and the report of the Government Approved Valuer before rejecting the application preferred by the appellants. Before making the award passed by the Arbitrator the Rule of the Court, the registration of the same was necessary as the value of the properties is more than Rs. 100/ -. The learned Judge has committed serious error in not taking into consideration the fact that while dividing the immovable properties amongst the family members, the tenanted properties came to the share of the appellants and, therefore, it lost the marketability and value in the market. Thus, the learned Advocate submitted that the order passed by the learned Judge requires to be quashed and set aside on all these grounds.

(3.) AS against the above mentioned submissions, learned Advocate Mr. A. R. Majmudar for respondent No. 1 -heirs submitted that if the case does not fall within the purview of Section 34 of the Act, then the same cannot be interfered with. The learned Advocate submitted that Section 34 of the Act provides the grounds under which the Arbitral Award can be set aside and as the appellants could not make out any of the grounds for setting aside the award before the learned Judge, the learned Judge rightly rejected the application preferred by them. Learned Advocate Mr. A. R. Majmudar for respondent No. 1 -heirs has placed reliance on the following judgments to substantiate his defence: -