JAYESH DINESH SHAH Vs. KAYDEE FAMILY TRUST

JUDGEMENT

(1.) BY this application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter 'the Act' for short), applicants seek appointment of arbitrator invoking Clause-20 of the Deed of Kaydee Family Trust executed on 6th April 1983 which is at Exhibit-A to the application. Clause 20 of the said Trust Deed reads as under:

(2.) THE applicants are beneficiaries of the first respondent trust which is a private family trust formed by Deed of Trust dated 6th April 1983 for the benefit of six minors. Out of six minors, three of whom, are the applicants, are now MAJOR. Respondent Nos.4 to 6 who are also beneficiaries under the said Deed of Trust dated 6th April 1983 are also major and are first cousins of the applicants.

(3.) MR Samdhani, the learned senior counsel appearing for respondent Nos.1 to 3 and Mr Kapadia, the learned counsel appearing for respondent Nos.4 to 6 opposed this application on various grounds.