LAWS(BOM)-2003-3-126

SADBUDHI BRAHMESH WAGH Vs. SHEELA MAHABALESHWAR WAGH

Decided On March 28, 2003
SADBUDDHI BRAHMESH WAGH Appellant
V/S
SHEELA MAHABALESHWAR WAGH Respondents

JUDGEMENT

(1.) THIS appeal under Letters Patent by the original petitioners seeks to challenge the order and judgment dated 15/10/1997 passed by a Single Judge in a petition under section 30 of the Arbitration Act, 1940. The petitioners and the respondents are the heirs of one Shri vinayakrao Venkatesh Wagh who died intestate on 11/11/1958. One of the sons of this Shri Vinayakrao viz. Mahabaleshwar (since deceased and the predecessor-in-title of respondents Nos. 1-A to 1-C herein) filed Suit no. 2794 of 1990 for administration of the estate of late Shri Vinayakrao, wherein all others in the present proceedings (or their predecessorsrin-title)being other heirs were joined as defendants. Consent terms were arrived at in that suit and all the disputes in the said suit between the parties were referred to a sole arbitrator by an order in terms of consent terms in that suit passed on 15/03/1991. The arbitrator gave his Award on 16/06/1997. The Award of the learned Arbitrator was sought to be set aside by these appellants through the arbitration petition, which came to be dismissed by the learned Single Judge by the impugned order, and hence, this appeal.

(2.) PRINCIPALLY three contentions have been raised in this appeal and which are as follows:-

(3.) BRIEF facts leading to this controversy are as follows: -