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1999 DIGILAW 1556 (SC)

Rashi Gangwani v. Shailesh Gangwani

1999-12-10

A.S.ANAND, N.S.HEGDE, S.RAJENDRA BABU

body1999
( 1 ) LEAVE granted. ( 2 ) THESE appeals, by special leave are directed against an order made by the high court of Punjab and Haryana at chandigarh in Civil Revision Nos. 2516- 2517 of 1999 and arises out of proceedings in Civil Suit No. 81 of 1998 and Civil suit No. 93 of 1998, filed by the respondents and appellant No. 1 herein, seeking permanent injunction to restrain the appellants to dispossess them from the business of the firm and some other reliefs. ( 3 ) THE dispute is between the family members of late Tharumal, who were partners in a firm M/s. Maharaja Proprietor m/s. Tharumal and Sons. In view of the relationship between the parties, we had, on an earlier occasions, suggested to the parties to explore the possibility of an amicable settlement. Learned counsel for the parties appearing before us today submit that it would be appropriate if the entire dispute between the parties arising out of Civil Suit No. 81 of 1998, filed by the respondents and Civil Suit No. 93 of 1998, filed by appellant No. 1, are referred to an Arbitrator. The suggestion appeals to us a fair and proper. ( 4 ) WE accordingly make the following directions : (1) The disputes arising out of Civil Suit no. 81 of 1998 and Civil Suit No. 93 of 1998 are referred to the arbitration of Mr. Justice A. L. Bahri (Retired Judge of the high court of Punjab and Haryana) at chandigarh. (2) The learned Arbitrator shall enter upon the reference and make his award within the statutory period. (3) Both the suits shall stand withdrawn from the respective courts and disputes there to as referred to the learned arbitrator. (4) It shall be open to the parties to file the statement of claim and objections/ cross-claim before the teamed Arbitrator. (5) The learned Arbitrator shall fix his own remuneration which, shall be borne in equal share by the parties. ( 5 ) THE parties are directed to appear before the learned Arbitrator on 18/12/1999. ( 6 ) THE Arbitrator, after making the award, shall file the same in this court. (5) The learned Arbitrator shall fix his own remuneration which, shall be borne in equal share by the parties. ( 5 ) THE parties are directed to appear before the learned Arbitrator on 18/12/1999. ( 6 ) THE Arbitrator, after making the award, shall file the same in this court. ( 7 ) INSOFAR as the parties are concerned, both the parties shall maintain status- quo as regard property and assets, as existing today, till they appear before the learned Arbitrator and thereafter they may seek appropriate orders/directions, if necessary, from the learned Arbitrator. ( 8 ) THE appeals are, accordingly, disposed of.