KIRAN DEVI CHOURARIA Vs. JHUMAR MAL SINGHI

JUDGEMENT

(1.) The Order of the Court of the Learned District Judge, Special Division - I, Sikkim, at Gangtok, dtd. 7/4/2017, in Civil Execution Case No.03 of 2015, rejecting the prayer for execution of the Arbitral Award and declaring the Award a nullity, is being assailed by the Petitioner/Decree Holder under Article 227 of the Constitution of India. An application filed by the Respondent Nos.2 to 4 as Objectors to the Execution Application filed by the Petitioner before the Learned Executing Court was registered as Civil Misc. Case No.23 of 2015 and was also disposed of by the above assailed Order.

(2.) The questions requiring determination by this Court are as follows;

(3.) The facts leading to the Arbitral Decree are that the Petitioner-Decree Holder and the Respondent No.1-Judgment Debtor are siblings, being the children of one Late Banechand Singhi. They mutually agreed to divide the properties described in Schedule "A" of the "Deed of Settlement", executed between them, at Gangtok, dtd. 11/6/2013, by way of transfer of Schedule "B" property therein to the Judgment Debtor and Schedule "C" property to the Decree Holder. The Deed of Settlement was prepared between the siblings allegedly without the knowledge of Ajay Kumar Singhi, Respondent No.2 herein, who is the son of Respondent No.1. On 13/6/2013, the Respondent No.2 along with Respondent Nos.3 and 4, being the sons of Respondent No.2, submitted an application before the Sub-Divisional Magistrate (SDM), seeking a hearing, in the event any person sought transfer and registration of their building mentioned in the Schedule to the application. The SDM accordingly heard the matter on 1/7/2013 and vide Order dtd. 13/2/2014 advised the parties to approach the competent Civil Court. The Deed of Settlement dated 11-06- 2013 was entered into between the Decree Holder and Judgment Debtor prior to their objection, but this fact was not revealed by the siblings, either to the Respondent Nos.2, 3 and 4/Objectors, or to the SDM on 1/7/2013, the date of first hearing of the objection of the Respondent Nos.2, 3 and 4. A second agreement was entered into between the Decree Holder and Judgment Debtor on 24/6/2013, at Chennai, titled "Memorandum of Family Arrangement". At Clause (V) of the arrangement, a Mediation clause was inserted, wherein it was agreed that all further disputes Kiran Devi Chouraria vs. Jhumar Mal Singhi and Others and differences arising amongst the parties relating to the agreement would be referred to the Sole Arbitrator, namely, one Kesari Chand Galada, said to be the father-in-law of the Decree Holder's son.