PRAHALLAD KHANDELWAL Vs. VIJAY KHANDELWAL

JUDGEMENT

(1.) Mr. S.P. Mishra, learned senior advocate appears on behalf of appellant. He submits, disputes are between brothers. He is appearing for the eldest brother while Mr. A.K.Mishra, learned advocate is appearing for the other brother. The other respondents are his client's wife and children, for who Mr. P. K. Rath, learned advocate appears.

(2.) Mr. S.P. Mishra submits, there has been settlement and joint application filed. The brothers have reconciled their differences and agreed to amicable partition that would result in modification of the award, upheld by judgment impugned in the appeal.

(3.) He submits further, the parties and their respective learned advocates have addressed the situation arisen and they have been advised that in this appeal, the award cannot be modified. However, in event impugned judgment and the award is set aside in appeal, the parties can then have reconstitution of the reference and award under sec. 30, Arbitration and Conciliation Act, 1996. He submits, appropriate order be made in the appeal.