GUPTA PVT LOAN COMMITTEE Vs. PERFECTION HOUSE

JUDGEMENT

(1.) IT is proposed to dispose of these six civil 1st miscellaneous Appeal No. 67/96, 68/ 96, 66/96. 69/96, 100/95 and 101/95 by a common judgment as common questions of law and facts are involved. First four appeals are filed against the common judgment and decree dated 19.12.1995 passed by the learned Addl. District Judge, Jammu whereas later two appeals are filed against the common judgement and decree dated 3.6.1995 passed by the then learned District Judge Jammu. Learned Additional District Judge after deciding issue no. 4 against the appellants and issues no 5, 6 and 9 in favour of respondents found that the former is not entitled to the relief sought for. As a consequence of its awards filed by the arbitrator and presented in court were set aside and at the same time applications under Section 14 and 17 of the Arbitration Act were dismissed.

(2.) WITH a view to properly under land the respective contentions of the parties, facts which are almost common to all the cases for the amount involved therein are as under.

(3.) APPELLANT seems to be running a Private Loan Committee, of which respondent firm was a beneficiary/ contributory what further seems to be there is that the amount of different groups run by the appellant was received by the respondent firm through its partner Late Shri Ganesh Dass. A written agreement was entered upon between the parties, which amongst other conditions contained an arbitration clause. When this clause is translated it reads as under: