RAJESH PRAVINCHANDA RAJYAGOR Vs. NITIN HARJIVANDAS RAJYAGOR

JUDGEMENT

(1.) BY this petition filed under Section 34 of the Arbitration & Conciliation Act, 1996 (for short the said "Arbitration Act"), the petitioner seeks to impugn the arbitral award dated 9th May 2011 thereby allowing some of the claims made by the respondent. Some of the relevant facts for the purpose of deciding this petition are as under: -

(2.) THE petitioner is the grand son of late Harjivandas Rajyagor. The family of late Harjivandas Rajyagor consists of his wife late Kankuben H. Rajyagor and his two sons viz (i) late Pravin and his wife Bhavna and (ii) Nitinkumar H. Rajyagor and his wife Rekha and three married daughters and also grand children. The family of late Harjivandas Rajyagor owned various immovable properties. The dispute arose between the petitioner and the respondent.

(3.) IN the said agreement dated 21st April 2004 entered into between the parties, it was recited that after 17th March 1999 while implementing the agreement, certain new issues were raised by both the parties and the matter was handed over to original intervenors along with Mr. Rasmikant N. Shah (C.A.), Mr. Balwantbhai Mehta and Mr. Pravinbhai Bhat to finally resolve all the pending issues. The said intervenors gave their final verdict on 6th April 2001 in writing. It was recited in the said agreement that till the date of execution of the said agreement, certain issues had remained unresolved and hence on whatever issues an agreement was earlier reached between both the parties, the same could not be implemented. It was recited that the parties referred 17 issues which issues the parties had resolved and based on which, there was a final mutual agreement and there was no dispute whatsoever on those issues.