METRO PROMOTERS PVT LTD Vs. R N THAKUR

JUDGEMENT

(1.) THE Court : THE core question involved in the instant appeal is whether the award passed by the arbitrator is a nullity in absence of a probate to the will of the deceased party to the arbitral proceeding, in view of the embargo created under section 213 of the Indian Succession Act. Before deciding the above question of law it would be trite to narrate the brief facts of this appeal.

(2.) ONE R. N. Thakur, since deceased along with the other co-owners of the premises no. 29 Sadananda Road, Kolkata 700 026 entered into an agreement for development of the said property with M/s. Metro Promoters Pvt. Ltd., the appellant herein. The said agreement contained an arbitration clause. By the said agreement it was agreed that the appellant herein shall give four selfcontained flats more or less 3000 sft. of the sanctioned area in the proposed newly constructed building. Such area which was agreed to be allotted to the joint owners was on stipulation that the plan would be sanctioned for construction of 14000 sft. of area.

(3.) IT would be pertinent to mention that during the arbitral proceeding the claimant, R.N. Thakur, since deceased, died and one Indranath Bhattacharjee was substituted in place of the said claimant being the executor to the will of the said deceased. Subsequently the said award was put into the execution by the present respondent.