RAGHU NANDAN Vs. VIJAY KUMAR

JUDGEMENT

(1.) THE applicant in the instant application seeks appointment of independent arbitrator under Section 11 of the arbitration and Conciliation Act, 1996 (for short'1996 Act' ).

(2.) THE applicant (for short 'rn') and respondent no. 1 (for short 'vk') are real brothers and beneficiary of Will drawn by their father Durga Narayan Sharma on october 21, 2003. During his lifetime Durga Narayan sharma made a declaration on October 15, 2005 that if any dispute in regard to Will arises the same shall be decided by sole arbitrator Shri U. N. Bhandari, Senior advocate, whose decision would be final and binding.

(3.) IT may also be noticed that respondents nos. 2 and 3 were declared the executors of the will who also put their signatures on the Will as attesting witnesses.