TAPAN KUMAR PAUL Vs. KRISHNA KANTA PAUL

JUDGEMENT

(1.) THIS is an application under Sections 30 and 33 of the Arbitration Act, 1940 challenging the award dated 30th of Jan. 1978 made by one Shri A. K. Sen, Barrister-at-Law. The award and the dispute centre round a family concern named as Ramkanai Jamini Ranjan Paul Pvt. Ltd. Before I deal with the history of the dispute it may be relevant to refer to certain facts for the purpose of appreciating the grounds upon which the challenge to the award is based. It appears that there was an application to this Court under Sections 237, 397, 398 and 402 of the Companies Act, 1956 about the disputes amongst the shareholders in the company named Ramkanai Jamini Ranjan Paul Pvt. Ltd hereinafter called the said company. It is not necessary to set out in detail the history of the said dispute. But thereafter the parties agreed to refer the disputes to the arbitration of Shri A. K. Sen, arbitrator; an arbitration agreement in writing dated 10th of May, 1977 was entered into. It would be necessary to refer in brief to the said arbitration agreement. The agreement is between Krishna Kanta Paul the respondent No. 1 herein who is the son of Ramani Kanta Paul being the respondent No. 4 herein, Malay Kumar Paul being the son of one Mrinal Kanti Paul being the respondent No. 2 herein and Ramani Kanta Paul and one Tapan Kumar Paul, son of Ramani Kanta Paul. The said company was also a party to the said agreement. The agreement dated 10th of May, 1977 recited that disputes and differences had arisen between the parties regarding various movable and immovable properties and businesses as set out in Schedule I to the said agreement. The agreement, further, states that some of the parties hold shares in the company as set out in Schedule II of the said agreement. The agreement, further, goes on to recite that as differences and disputes had arisen between the parties to the agreement in respect of and arising out of such business and/or properties and the management of the said company and the holdings and ownership of the shares therein and as the parties had failed to arrive at an amicable settlement of such disputes the parties "do hereby agree and consent that all disputes arising out of and/or in connection with the nature and extent of the business and/or properties and/or in respect of share holdings and/or rights of each of the parties herein shall be referred to the Sole Arbitration of Mr. Asoke Kumar Sen, Barrister-at-Law whose decision on such matters will be accepted by all parties hereto as final and binding." Schedule I which dealt with the properties in respect of which disputes had arisen contains the following :--

(2.) AS several points have been taken in respect of the award made by the arbitrator and inasmuch 33 the arbitrator has recorded certain reasons for making of the award it would be necessary to set out in extenso the said award of the arbitrator. After setting out the reference and the fact that several meetings had been held with the parties and their counsel had appeared and evidence was produced, the arbitrator observed, inter alia, as follows :--

(3.) THE said premises Nos. 213 and 213-B, Mahatma Gandhi Road, Calcutta and 76/1 and 76/G, Netaji Subhas Road, Calcutta belong to four landlords, viz. (i) Smt. Kailash Devi Burman, widow of of Shri Rashbehari Burman deceased, (ii) Krishna Kumar Burman, (iii) Madan Mohan Burman and (iv) Raj Kumar Bur-man under whom the company is a monthly tenant in respect of the said shop room. By mutual partition and family arrangement amongst the landlords the said shop room has been divided between the said landlords in the manner following, namely, (a) Lots Nos. A and B mentioned above and marked and bounded by red lines and yellow lines respectively in the annexed plan and having respectively the said areas of 506 sq. ft. and 724 sq. ft. approximately and falling within premises No. 213-B, Mahatma Gandhi Road, Calcutta have been allotted to and belong to Krishna Kumar Burman. Lot No. C on the ground floor of the said shop room having an area of 914 sq. ft. approximately and falling within the said premises No. 213-B, Mahatma Gandhi Road, Calcutta, has been allotted to and belongs to Madan Mohan Burman. Lot A-1 on the first floor falling within the said premises No. 76/G, Netaji Subhas Road, and shown as bounded by red lines in the annexed plan and having an approximate area of 880 sq. ft. has been allotted to and belongs to Raj Kumar Burman. Lot No. B-1 on the first floor of the said shop room including the said godown falls within the premises No. 76/1, Netaji Subhas Road, Calcutta, and is shown as bounded by yellow lines in the annexed plan. It comprises an area of 460 sq. ft. and the said godown and has been allotted to and belongs to Smt. Kailash Devi Burman. Lot C-1 on the first floor of the said shop room falls within premises No. 76/G, Netaji Subhas Road, Calcutta, and is shown as bounded by green lines in the annexed plan. It Comprises an area of 910 sq. ft. and 340 sq. ft. approximately and has been allotted to and belongs to Madan Mohan Burman.