SURUCHI CHAND Vs. NARESH CHAND

JUDGEMENT

(1.) BY this petition the petitioners are seeking enlargement of time to make and publish the award and directions to the effect that the arbitration proceedings pending before the arbitrators viz. , Chief justice P. N. Bhagwati (Retired) and Mr. Justice V. D. Tulzapurkar (Retired) be proceeded with notwithstanding the filling of a suit being O. S. Suit No. 1016 of 1989 filed by respondent No. 32 on behalf of respondents 18 and 21 herein in the Court of the First Additional Judge, City Civil Court, at Hyderabad, which suit has now been transferred to this Court and is still pending. The petitioners are also seeking certain inter-locutory reliefs as prayed for in the petition it is necessary to recall material facts which led to the present dispute.

(2.) ONE Ramesh Chand (since deceased ), Dr. Naresh Chand and Mahesh Chand have been real brothers. Ramesh Chand died in a car accident at the age of 47 years on 18th December, 1986. The last petitioner is the widow and the 2nd and 3rd petitioners are the daughters of the said Ramesh Chand. The petitioners are hereinafter jointly referred to as Ramesh Chand Group. The said Dr. Naresh Chand is the respondent No. 1 and the said Mahesh Chand is the respondent No. 5 in the petition. Respondent No. 2 is the wife and respondents 3 and 4 are the minor children of the said Dr. Naresh Chand. The respondent Nos. 1, 2, 3 and 4 are hereinafter jointly referred to as Naresh Chand Group. Respondents 6 to 21 are the children of the said Mahesh Chand out of which respondents 18,19,20 and 21 have been minors at the material time. Respondents 5 to 21 are hereinafter referred to as Mahesh Chand Group.

(3.) AFTER the demise of the said Ramesh Chand, disputes arose between the said Ramesh Chand Group on the one hand and the said Naresh Chand Group and Mahesh Chand Group on the other hand in relation to the said businesses as also in relation to the 28%, share of the said Ramesh Chand Group in the business of the said WIG. The said Ramesh Chand Group filed a Company Petition being Company Petition No. 49 of 1988 for winding up of Mahalaxmi Glass Works Pvt. Ltd. , the respondent No. 22 herein and also took out Company Application No. 28 of 1988 therein for interim reliefs. On 14th September, 1988, the said Company Petition No. 49 of 1988 was admitted and was ordered to be advertised. The said Mahalaxmi Glass Works Pvt. Ltd. , the respondent No. 22 herein, filed an appeal being Appeal No 1205 of 1988 against the said order dated 14th September, 1988. The said appeal was ultimately withdrawn on 31st January, 1989.