SEEMABEN @ SHAMUBEN SHANKAR PATEL Vs. MOTIBHAI K PATEL

JUDGEMENT

(1.) By this petition filed under section 34 of the Arbitration & Conciliation Act, 1996 (for short "the Act"), the petitioner has impugned the arbitral award dated 05.08.2013, granting various claims made by the respondents. The petitioner was the original petitioner before the learned arbitrator. The respondents herein were the original claimants. Some of the relevant facts for the purpose of deciding the present petition are as under :

(2.) It is the case of the petitioner that she is an illiterate lady, who was born and brought up in a village known as Gadh, district Banaskata, State of Gujarat and had never attended any school. She was married to Shankarlal K. Patel , who was also resident of the adjoining village known as Vendancha, District Banskata, State of Gujarat. The petitioner does not know to write or read English, Gujarati, Hindi language or any other language. She also does not even know to subscribe her signature except for affixing her thumb impression. The petitioner can only converse in Gujarati language.

(3.) Husband of the petitioner had purchased a gala bearing no.206 some time in the month of February, 1978 from the builders M/s.Goyal Brothers, admeasuring 860 sq. ft. carpet area in Jai Pragati Building at Daftary Road, Malad (East), Mumbai. Prior thereto, her husband had purchased the house property named Annette Villa, which was later renamed as "Seema Sadan" situated at Manchubhai Road, Malad (East), Mumbai. Three children were born out of the said wedlock by the petitioner with her husband. According to the petitioner, the entire consideration for purchase of the said gala no.206 was paid by her late husband from his bank accounts with Dena Bank, Malad (E) Branch and Bank of Baroda, Malad (East) Branch and he was the sole owner of the said gala.