S. S. Chadha ( 1 ) THIS is a joint in petition of the parties under Section 20 of the Arbitration Act, 1940 for directing the arbitration agreement dated November 11, 1985 being filed in Court and the disputes and differences between the parties as evidenced in the agreement dated November 11, 1985 being referred to the arbitration of a retired Supreme Court Judge. ( 2 ) THE arbitration agreement itself in the recital clauses enumerates the facts and circumstances detailing the previous litigations between the parties in respect of the assets of partnership firm M/s. Devki Nandan and Sons and/or the immovable property 1, Tughlak Lane, New Delhi. It is unnecessary to reproduce them again in this order. ( 3 ) THE parties have agreed that the matter be referred to the arbitration of a retired Supreme Court Judge to be appointed by this Court. The relevant clauses of this agreement relating to the disputes and differences are these : "1. The matter regarding the ascertainment of the assets and liabilities as on 14. 9. 1983 and again on the date of the execution of this agreement and the mode and manner of distribution of the assets and liabilities of DNS and 1, Tughlak Lane, New Delhi be referred to an Arbitrator ; 2. The parties have agreed amongst themselves that the property 1, Tughlak Lane, New Delhi (whether forming part of assets of D. S. or not) be divided equally amongst the four parties physically with separate titles, with power to the Arbitrator to. direct the sale of the property if the physical division is not possible/equitable ; 3. In case for any reason the Arbitrator so appointed is not able to continue the arbitration, the vacancy would be supplied and another person mutually acceptable to the parties would be appointed. In case the parties are not able to agree to a name, the Court would appoint an Arbitrator. It is made clear that the agreement would continue. 4. In case the award as given is challenged by any party and if it is set aside then this agreement would not come to an end and the matter would be referred to another Arbitrator to complete the distribution of the assets and liabilities as aforesaid. 5. It is made clear that the agreement would continue. 4. In case the award as given is challenged by any party and if it is set aside then this agreement would not come to an end and the matter would be referred to another Arbitrator to complete the distribution of the assets and liabilities as aforesaid. 5. To avoid any misgivings and future controversies, this agreement is witnessed by Smt. Anita Gupta (wife of Shri Anil Kumar Gupta), Miss Piya Gupta and Miss Gauri Gupta (Major unmarried daughters of Shri Anil Kumar Gupta), Smt. Patricia Gupta (wife of Shri Sushil Kumar Gupta) and Smt. Ritu Garg and Miss Sindhu Gupta (daughters of Smt. Sudha Gupta) who all are putting their signatures in token of their acceptance of this agreement without prejudice to their right in suit No. 1150 of 1985. " ( 4 ) ACCORDING to the agreement dated November 11, 1985 and for the considerations mentioned therein, the parties have agreed to dissolve D. N. S. forthwith. It is clarified that the firm M/s. Deoki Nandan and Sons stood dissolved from November II, 1985. ( 5 ) I, therefore, direct that the arbitration agreement dated November 11, 1985 be filed in Court. The original agreement dated November 11, 1985 filed along with this joint application is taken as having been filed. I hereby appoint Raja Jaswant Singh, 4 Lodi Estate, New Delhi, a Retired Judge of the Supreme Court as a sole arbitrator to decide the disputes and differences between the parties. It will be open to the appointed arbitrator to take the assistance of a chartered accountant or any other person for ascertaining the assets, accounts or any other matter which the arbitrator may consider proper. The remuneration is fixed in this manner. He will be paid a sum of Rs. 10,000. 00 as the briefing/preliminary fee. In addition, he will be paid Rs. 1,000. 00 per effective hearing. An effective hearing means any hearing on which the evidence is recorded or arguments are heard or which the arbitrator may certify as an effective hearing. The fees of the arbitrator shall be shared by the parties i. e. petitioner l/4th, respondent No. l-l/4th, respondent No. 6 1/4th and respondents 2 to 5-1/4th each. The arbitrator may make the award within six months from the date of entering upon the reference. The fees of the arbitrator shall be shared by the parties i. e. petitioner l/4th, respondent No. l-l/4th, respondent No. 6 1/4th and respondents 2 to 5-1/4th each. The arbitrator may make the award within six months from the date of entering upon the reference. ( 6 ) THIS Court by order dated November 9, 1983 in suit No. 1538-A/83 made certain interim orders during the pendency of those proceedings. Since those proceedings are being withdrawn in view of the agreement dated November 11, 1985 in suit No. 2164-A/85, it is necessary to make some interim orders. ( 7 ) THIS Court had earlier restrained the partners/ex-partners of the firm M/s. Deoki Nandan and Sons from selling, leasing, encumbering, transferred or mortgaging the assets of the said firm. A fresh restraint order is passed in this suit restraining the parties from selling, leasing, encumbering, transferring or mortgaging the property of the said firm till further orders. The petitioner and respondent No. 6 are restrained from changing the existing tenancies or the terms of the existing tenancy including granting of any right of sub-letting or parting with possession in future except after obtaining specific orders from this Court. A list of tenants of M/s. Deoki Nandan and Sons as on November 14, 1985 along with the monthly the rent has been filed in Court today and is taken on record. ( 8 ) THE petitioner and respondent No. 6 shall continue to manage the assets and affairs of the dissolved firm M/s. Deoki Nandan and Sons. They shall furnish the quarterly statements of their activities including the realisation of rent and amount spent and file the same before the arbitrator. The parties are given liberty to inspect the records of the dissolved firm at all reasonable time after fixing the date with the petitioner and respondent No. 6. It is directed that the expenses relating to property No. 1, Tughlak Lane, New Delhi such as taxes, electricity charges, water charges, cost of maintenance of the booster pump be paid by the dissolved firm till the making of the award. ( 9 ) IN the earlier proceedings Shri Shiv Narain Shankar (retired Judge of this Court) who was appointed as an arbitrator, directed by his order dated May 13, 1984 the firm M/s. Deoki Nandan and Sons to pay by the 7th of each month a sum of Rs. 2,000. ( 9 ) IN the earlier proceedings Shri Shiv Narain Shankar (retired Judge of this Court) who was appointed as an arbitrator, directed by his order dated May 13, 1984 the firm M/s. Deoki Nandan and Sons to pay by the 7th of each month a sum of Rs. 2,000. 00 to Smt. Prem Gupta out of the credit balance in account of late Shri Atul Kumar Gupta. The arbitrator appointed in this case will determine afresh the claim of Smt. Prem Gupta for payments out of the credit balance in the account of late Shri Atul Kumar Gupta in M/s Deoki Nandan and Sons. Parties are given liberty to seek further directions from the arbitrator or from this Court as and when required. ( 10 ) LET the record of this suit together with a copy of this order be sent to the arbitrator.