LAWS(CAL)-2001-3-2

MOHANLAL DUNGARMAL FUTNANI Vs. VISHANJI DUNGARMAL FUTNANI

Decided On March 15, 2001
MOHANLAL DUNGARMAL FUTNANI Appellant
V/S
VISHANJI DUNGARMAL FUTNANI Respondents

JUDGEMENT

(1.) - This appeal arises out of an order dated 24-12-1987 passed by the learned single Judge setting aside an award dated 12-11-1983. The facts relevant for the purpose of the present appeal are as follows :-

(2.) The appellant and the respondent no.1 are the sons of Late Dungarmal Bachumal Futnani. The respondents Nos. 2 to 4 are the sons of the respondent No. 1. The respondents Nos. 5 to 9 are the sons of the appellant, The respondents Nos. 10 and 11 are the arbitrators.

(3.) The appellant, the respondents Nos.1 to 9 with their common ancester Late Dungarmal Bachumal Futnani were carrying on 1arge number of businesses through the instrumentality of firms and private limited companies and were also having a charitable trust, particulars whereof would appear from the arbitration agreement dated 14-7-1983. Dungarmal Bachumal Futnani died on 1-4-1983. The respondent No.1 claims to have ascertained from a letter dated 2-5-1983 addressed by the appellant to Kanga and Company, Solicitors and Advocates, that the said Dungarmal Bachumal Futnani died intestate and that the appellant and the respondent No.5 were the executors appointed therein. The respondent No.1 claims to have called upon the appellant to furnish a copy of the Will which was not forwarded notwithstanding repeated demands. The respondent no.1 alleges that thereafter dispute and differences arose between the appellant and the respondent no.1 "in respect of the right, title and interest of the said deceased in the different businesses or concerns and/or the charitable trust."