ASHOK KUMAR BANSAL Vs. SUSHILA DEVI BANSAL

JUDGEMENT

(1.) Petitioners Ashok Kumar Bansal, Raj Kumar Bansal and Renu Agrawal have challenged the Order Dated 20-2-2009 passed by 7th Additional District Judge, Gwalior, in MJC No. 88/2005 (Old No. 20/2004), whereby the trial Court has entertained and allowed the application preferred under section 144 of the Code of Civil Procedure by directing the restitution of the Suit property in terms of the Arbitral Award dated 29-11-1971.

(2.) A Partnership Firm known as "Laxmi Fancy Stores" was constituted by Late Shri Laxminarayan, Shri Jagdish Prasad and Shri Om Prakash Bansal on date 12-8-1966, for running the family business. A dispute arose between the Partners in the year 1971, when they entered into an arbitration agreement and referred the dispute regarding payment of certain debts of the Partnership to the Arbitrators. Later on, some other dispute relating to the residential house of the Joint Family was also referred to the Arbitrator. The Arbitrator passed an Award on date 12-6-1971 in relation to the debts of the Partnership as also the residential house of the Joint Family. An application was filed under section 14(2) of the Arbitration Act, 1940, for making the Award, a Rule of the Court, wherein Late Laxminarayan submitted his objections, seeking relief of setting aside the Award, however, the Additional District Judge, Gwalior, dismissed the objections and passed an Order on date 29-11-1997 by making the Award of the Arbitrator, a Rule of the Court.

(3.) An appeal was preferred against the order of making the Award a Rule of the Court, which was registered as M. A. No. 18/99 before the Madhya Pradesh High Court and a Cross-Appeal being F. A. No. 59/98 was also filed by the respondent No. 2 and both the appeals came to be disposed of finally on date 5-5-1998, wherein the High Court opined that the entire Award is illegal and is vitiated; consequently, the Award was declared to be invalid, null and void. These orders passed in the aforesaid two Appeals were challenged before the Supreme Court and after hearing the two Appeals, the Supreme Court dismissed the Civil Appeals No. 1260/99-1261/99 by an Order dated 27-2-2004. This is how the dispute in relation to the debts of the Partnership and the residential property of the Joint Family (sought to be adjudicated through arbitral proceedings) came to a final end.