SHIV KUMAR AGRAWAL Vs. JAI PRAKASH AGRAWAL

JUDGEMENT

(1.) The petitioner was defendant No. 7 in Title Suit No. 172 of 1993, which was initiated at the instance of opposite party No. 1, who filed a petition on 23-12-1992 in the Court below under Sections 14 and 17 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act' for the sake of brevity) for directing the Arbitrators to submit the award dated 10-12-1992 in the Court and to pass a judgment in terms of that award. The said petition was converted into a suit bearing Title Suit No. 172 of 1993 by the learned Court below on 21-8-1993.

(2.) The short fact of the case is that the properties involved were joint family properties and all the parties referred the matter to two Arbitrators as per their arbitration agreement dated 1-10-1992 for partition of those properties, whereafter the said Arbitrators prepared their award on 10-12-1992. ' After filing of the petition under Sections 14 and 17 of the Act by the Plaintiff on 23-12-1992 the learned Court below sent notices to the Arbitrators on 18-2-1993, whereafter the Arbitrators filed their award with all the papers and documents in the Court on 1-5-1993. After receipt of the award the Court below issued notices to the defendants on 3-7-1993, which were received by defendant No. 4 on behalf of all the defendants including defendant No. 7 (petitioner) and the Court vide its order dated 17-7-1993 held that notices have been duly served upon the defendants and thereupon on 21-8-1993 converted the said petition into a suit bearing Title Suit No. 172/1993.

(3.) Defendant Nos. 1, 4, 5, 6, 7, 11, 12, 13 and 14 appeared in the suit on 7-9-1993, whereafter defendant Nos. 2, 3, 8, 9 and 10 also appeared and filed their written statements on 30-9-1993. However, much later on 5-4-1994 defendant No. 7 (petitioner) filed his objection to the award but the said petition was never disposed of and ultimately on 1-7-1995 a compromise petition was filed by 3rd set, namely, defendant Nos. 4, 11, 12 & 14 and 4th set, namely, defendant Nos. 3 and 10 and accordingly by the impugned order dated 11-7-2000 Title suit No,. 172 of 1993 was decreed making the award rule of the Court with modification as per the compromise arrived at between 3rd set and 4th set.