PRAMODE KUMAR MITTAL Vs. BHURAMAL CHIRANJILAL MITTAL

JUDGEMENT

(1.) THIS is an application under Section14 (2) of the Arbitration Act, 1940 for directing the arbitrator to file the interim award made and published by him on the 6th January, 1977, in this Court.

(2.) IN order to appreciate the controversy in this case, it is necessary to briefly refer to certain facts. Pramode Kumar Mittal, the petitioner herein, and the respondents all belong to the same family, hereinafter referred to as Mittal family. They are all descendants of the first respondent Bhuramal Chiranjilal Mittal. It is not necessary to refer to the actual relationship between the parties. There are several companies and firms which belong to the different parties to which also it is not necessary to refer in detail. The family was also interested in several trusts. Diverse disputes and/or differences arose in the Mittal family relating to and concerning the business of the said firms, trusts and companies and regarding the control and management thereof and also regarding the properties belonging to the parties. With a view to settle the said disputes the same were referred to the sole arbitration of Shri B. P. Khaitan, Solicitor and Advocate, by an arbitration agreement dated the 21st June, 1976. Thereafter, there were several meetings but on the 8th January, 1977 the petitioner received by registered post an interim award and/or directions signed by the arbitrator. The petitioner is asking that the said interim award and/or directions be filed in Court.

(3.) THE next question that requires consideration in this case is whether this Court has jurisdiction to entertain this application for filing of the award, in other words, whether this is the appropriate Court for filing of the award. Under Section2 (c) of the Act Court means a Civil Court having jurisdiction to decide the questions forming the subject-matter of the reference if the same had been the subject-matter of the suit. In para 21 (1) of the award the Arbitrator has directed as follows: