USHA ARVIND DONGRE Vs. SURESH RAGHUNATH KOTWAL

JUDGEMENT

(1.) THIS is a petition to set aside the Arbitration Award No. 94 of 1988 which is dated 30th June, 1988 and is filed in this Court. The petitioner and the respondent are sister and brothers. The father of the petitioner and the respondent expired at Bombay on or about 26th March, 1970 leaving behind his last Will and testament dated 10th December, 1964. Under this Will the deceased bequeathed his entire estate including Flat No. G-3, in Dadar Co-operative Housing Society, Bhavani Shankar Road, Dadar, Bombay-400 028 in equal shares to his widow and his two children, viz. the petitioner and the respondent.

(2.) THE mother of the petitioner and the respondent Pramilabai R. Kotwal died on or about 13th December, 1961, leaving behind the petitioner and the respondent as her only heirs and legal representatives under the provisions of Hindu law by which the parties are governed. Thereafter disputes and differences arose between the petitioner and the respondent relating to the distribution of the estate of their deceased parents.

(3.) UNDER an agreement of reference dated 5th August, 1987 executed by both the parties the disputes were referred to the joint arbitration of Mr. M. K. Kotwal and Mr. S. K. Kotwal, both of them close relatives of the parties. The recital to the agreement of reference which is at Exhibit C sets out that the property left by the deceased persons mainly consists of Flat No. G-3, in Sharda Ashram at Bhavani Shankar Road, Dadar, Bombay-28 some ornaments, shares, fixed deposits of companies and bank accounts. Under the terms of the agreement of reference the arbitrators were inter alia, required to ascertain the estate belonging to both the deceased persons and divide that same as suitably and conveniently as possible between the parties in equal shares in such manner as the arbitrators think fit.