DEVANDAS KISHNANI Vs. NANIKRAM KISHNANI

JUDGEMENT

(1.) SHRI Prem Devandas Kishnani (Petitioner/claimant No. 8) and Smt. Neeru Prem Kishnani (Petitioner/claimant No. 19) (hereinafter referred to as the petitioners) have challenged the impugned Award dated 10th March, 1990 as modified by Supplemental Award dated 20th September, 1990 made by Shri Ram Jethmalani, Senior Advocate, as a sole Arbitrator. The petitioners are members of "dkk Group". Shri Devandas K. Kishnani. , Claimant No. 1, is father of Shri Prem Devandas Kishnani. The respondents to the petition are members of "nkk Group". Parties to the proceedings are family members.

(2.) CLAIMANT No. 8 has filed a separate petition numbered as Interim Petition No. 79 of 1991, for condonation of delay in filing of the main petition seeking to set aside the impunged Awards. The petitioners have contended that as a matter of law, their application seeking to set aside the impugned awards is in time. The petitioners have further contended in alternative that in any event, the petitioner No. 1 (claimant No. 8) is entitled to condonation of delay in respect of filing of the abovereferred petition.

(3.) THIS petition involves question of interpretation and application of Article 119 of Limitation Act, 1963. The propositions of law applicable to this aspect are already settled by the decisions of the Honble Supreme Court of India. The factual aspects concerning question of limitation are more than clear as both parties have relied mainly on undisputed documents forming part of the record of this case. The issue of limitation shall have to be decided first. The question of limitation is vigorously argued by learned counsel on all sides. The petitioners have supported the petition for condonation of delay. , All the other members of DKK group (claimants Nos. 1 to 7 and 9 to 18) and the respondents have vigorously opposed the petition.