VEENA Vs. SETH INDUSTRIES LTD

JUDGEMENT

(1.) This is a petition under Section 34 of the Arbitration & Conciliation Act, 1996 to challenge an award dated 1st December, 2006.

(2.) Respondent No. 1 was the Claimant before the arbitrator. The original Petitioner, Naresh Seth, Respondent No. 2 Shiv Prakash Seth, original Respondent No. 3 Janak Raj Seth and original Respondent No. 4, Ramesh Seth were brothers. After this petition was filed, the original Petitioner died and his heirs viz. his widow and his minor son were brought on record as Petitioners. After the petition was filed, Respondent No. 4 Ramesh Seth died and his heirs have been brought on record as Respondent Nos. 4(a) to 4(d). Respondent No. 3 Janak Raj Seth died before the award was made. His heirs Respondent Nos. 3(a), (b) and (c) were brought on record by the arbitrator in the circumstances which have been challenged by the Petitioner. The original Petitioner alleged that the learned arbitrator brought them on record without even an application for the same. Respondent No. 5 Seth Industries Private Limited is only the new name of Respondent No. 1. I will in the judgment refer to it as Respondent No. 1.

(3.) A property admeasuring 800 square yards of land was leased in favour of one Chunilal Shah for 999 years who assigned the same to one Sumanben Shah and Shantilal Shah. They, in turn, assigned the lease in favour of Respondent No. 2 Shiv Prakash Seth as a Director and for and on behalf of the first Respondent. The first Respondent paid the consideration for the same and constructed a building thereon.