HARESH CHINNUBHAI SHAH Vs. RAJESH PRABHAKAR JHAVERI

JUDGEMENT

(1.) HEARD Mr. Bookwalla, learned Counsel for the petitioner. Respondents and their Advocate are absent when called.

(2.) IN this petition under section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') the petitioner takes exception to the award dated 1st february, 2002 made by Shri Bhavin Dave and Mr. Niren Mehta, two joint arbitrators. Briefly states, the facts are as under :

(3.) THE petitioner and respondent No. 1 are cousins. The respondent No. 2 is the mother of respondent No. 1. The respondent No. 1 herein had filed a suit bearing Suit No. 3659/90 against Sadguna Chimanbhai Shah (mother of the petitioner) and others on the Original Side of this Court. Consent terms were filed by the parties in the said suit which inter alia provide that the nominee directors of Shirom Limited will arbitrate any future disputes if they arise between the parties. By an order dated 23/09/1999, the Court decreed the suit in terms of the consent terms. It appears that subsequently disputes arose between the petitioner and the respondent Nos. 1 and 2. The respondent No. 1 thereupon filed an application bearing Arbitration Application No. 60 of 2001 under section 11 of the Arbitration Act for appointment of the Arbitrators. By an order dated 10/08/2001. Shri Justice Patankar, the designate of the Hon'ble Chief Justice, passed the following order :-