VISHANJI DUNGARMAL FUTNANI Vs. MOHANLAL DURGARMAL FUTNANI

JUDGEMENT

(1.) THIS is an application under Section 33 of the Arbitration Act 1940, challenging the existence validity and effect of the arbitration agreement, dated 14-7-83 and the award, dated 12-11-83, praying for a declaration that both are invalid, null and void. The main contesting parties are the petitioner and the respondent No, 1. The petitioner and the respondent No. 1 are two sons of one Dungarmal Bachumal Futnani, since deceased. The said deceased, his two sons and the members of the respective family of his two sons were interested in a number of Private Limited and Public Limited Companies, several Partnership Firms and a Public Charitable Trust registered under the Bombay Trust Act 1950. These businesses were carried on from Calcutta, Bombay and Madras and these Companies and Firms were the owners of various immovable properties situate at different places. One of such properties is known as "Futnani Chambers" situate, at No. 6/A, Surendra Nath Banerjee Road, Calcutta.

(2.) AFTER the death of Dungarmal, disputes and differences arose between his two sons and their respective family regarding the management and control of the aforesaid businesses and the Trust. Dungarmal died on 1.4.83. It was alleged by the respondent No. 1 that Dungarmal died leaving his last Will and testament, dated 29th June, 1982 which was disputed by the petitioner.

(3.) ACCORDING to the petitioner, the term regarding construction of the alleged Will of Dungarmal Futnani was an unauthorised interpolation made by the respondent No. 1 in collusion and conspiracy with the arbitrators being respondents Nos. 10 and 11 herein.