NARI RIJHUMAL KHIANI Vs. METHARAM RIJHUMAL KHIANI

JUDGEMENT

(1.) THE plaintiffs have taken out this notice of motion supported with an affidavit of plaintiff No. 1 dated 3rd October 1997 and prayed for certain reliefs during the pendency of the suit which I will highlight lateron.

(2.) AS per the plaint, the plaintiffs have filed the suit for declaration that the award dated 31-12-1993 and the decree passed in terms of the said award, are no longer valid and subsisting and the same are not binding on the plaintiffs. The plaintiffs and defendants are closely related to each other and plaintiff No. 1 is the husband of plaintiff No. 2. In short, the plaintiffs have challenged the award of the Arbitrator dated 31-12-1993 and the decree passed in terms of the said award. In view of the dispute, the said dispute was referred to before the Arbitrator and four different awards were declared in respect of firm of M/s Valiram Sons, M/s. Valsons Dyeing Bleaching and Printing Works Ltd. , M/s. Valtex Silk Mills and M/s. R. V. Sons. The plaintiffs have also prayed that the defendant Nos. 1 to 3 be directed to render full, true and complete accounts and further the defendant Nos. 1 to 3 be directed to pay the plaintiffs share in respect of the partnership business and prayed for appointment of Court Receiver with all powers under Order 40, Rule 1 of the Civil Procedure Code including the power of sale and also prayed for injunction till the disposal of the suit.

(3.) THE plaintiffs have in support of their case, placed reliance on the documents pertaining to the Arbitration Petition being Arbitration Petition No. 96 to 99 of 1992 and the Execution Application being No. 21 of 1995 filed in the High Court as well the partnership deed of firm of M/s. Valiram Sons, M/s. Valsons Dyeing Bleaching and Printing Works Ltd. , M/s. Valtex Silk Mills and M/s. R. V. Sons and the agreement on reference to arbitration dated 27th May 1993 and the award dated 31st December 1993. In the list of documents attached to the plaint also shows that the plaintiffs relied upon the papers pertaining to the proceedings in respect of Civil Suit No. 1145 of 1990 pending in the Court of Civil Judge, J. D. , Gandhidham and correspondence prior to the filing of the suit and papers and proceedings in petition for letters of administration being No. 209 of 1974.