MANHARLAL NARBHERAM PAREKH Vs. VIJAYRAJ SINGHJI

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 9 of the Arbitration and Conciliation Act, 1996 (the Act) in a pending arbitration proceeding, seeking the reliefs of appointment of a Receiver on Plot Nos. 1, 2, 3, 4, 5 and 6 in the Neelam Baug, Palace Ground, C.T.S. No.5684, Bhavnagar, Gujarat. (Exh. K) with all powers under Order XL, Rule 1 of the Code of Civil Procedure, 1908 (CPC), including demarcation of 2400 sq.yards of land as mentioned in clause 1 of Agreement dated 28.11.1977 (the agreement), executed between the petitioner and Dr. Virbhadrasinghji Krishnakumarsinghji Gohil (the deceased) and to restrain the Respondent from selling, transferring or alienating or disposing of the said land in any manner; and direction to deposit a sum of Rs.4,32,00,000/being value of the above areas/plots as alleged and all other ancillary and connected reliefs.

(2.) RESPONDENT is the son and the only heir and legal representative of the deceased and Smt. Brijraj Nandini Deviba, Respondent No.1 earlier, now the deceased. The petitioner extended his full cooperation, assistance and services to enable (the deceased Dr. Gohil) to sell his remaining land, by executing 108 separate sale deeds in favour of M/s. Adarsh Cooperative Housing Society Limited (the society).

(3.) ON 26.07.1994 Dr. Gohil (the deceased) expired. On 18.08.1994 his widow and son made an application to the City Survey Office for the correction of the property records being the only surviving members of the Hindu Undivided Family (HUF) of the deceased.