Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration Act 1940 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration Act, 1940 (10 of 1940) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Arbitration Act, 1940 – s.39(1)(6) – Disputes arose between appellant and respondent (brothers) after the death of their father, regarding partition of family properties – By an agreement they appointed three arbitrators, who were their close relatives for partitioning immovable properties, shares and jewellery – Arbitrators passed award mentioning therein that the decision given unanimously by the three of them will be binding on the parties – Respondent filed application before District Judge to make the award rule of the court – Objection raised by appellant – Application dismissed by the District Judge – Respondents filed appeal u/s.39(1)(6) – Allowed by High Court – Held: Parties by mutual consent agreed to the appointment of all the three arbitrators and submitted their respective claims before them – Arbitrators are close relatives of the parties and no misconduct is alleged against them – High Court rightly set aside the order of the District Judge holding that the award has been passed after due consideration – With a view to further amicably settle the matter, the parties arrived at settlement – In view of the same, with the consent of the parties, the award is modified – Registry to draft the decree in terms of the modified award. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2020 INSC 172 |
Petitioner | Balwant Singh (d) Thr. Lr. |
Respondent | Dungar Singh (d) Thr. Lrs. |
SCR | [2020] 1 S.C.R. 609 |
Judgement Date | 2020-02-12 |
Case Number | 7850 |
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