Balwant Singh (D) through LRS., Vs. Dungar Singh (D) through LRS., Civil Appeal No. 7850 of 2009- February 12, 2020.
The Supreme Court Bench comprising of Justice R. Banumathi and Justice A.S. Bopanna pronounced the judgment.
Facts: The case is related to the dispute between brothers Balwant Singh and Dungar Singh regarding the division of properties after the death of their father. The parties decided to settle their dispute amicably through arbitration proceedings. Three arbitrators were appointed for partitioning immovable properties, shares and jewelry. The arbitrators are close relatives of the brothers. The arbitrators passed award that will be binding both the parties. The Collector of Udaipur registered the award. Dungar Singh filed an application before the District Judge to make the award rule of the Court. All the arbitration papers were submitted along with the application. Appellant Balwant Singh raised objection assailing the award. Both the parties were called for evidence. The District Judge held that the Panch conducted the whole proceedings in their own way and that ward cannot be considered valid in law. It was found that the award was signed by Dungar Singh after a long time. The Judge further held that the Panchas held the proceedings in a hurried manner and did not give Balwant Singh enough time to put forth his side.The Court thus held that the award is not justifiable.
The respondents made an appeal in the High Court and the Court held that the arbitrators were appointed by mutual consent. Mere passing of the award on the same day in one sitting does not give rise to any suspicion and would not raise any doubt or ambiguity and that no misconduct has been alleged against the arbitrators, the High Court set aside the order of the learned District Judge and concluded that the award deserves to be made rule of the court and accordingly, declared to be so. Being aggrieved, the appellant has made this appeal.
The Supreme Court held that the parties had agreed that the arbitral award would be passed unanimously by the arbitrators and the same would bind the parties. The decision of the High Court remains correct and the award should be passed accordingly.
Therefore, the appeal stand disposed.
View/ Download the Judgment: Balwant Singh (D) through LRS., Vs. Dungar Singh (D) through LRS
– Vydurya Selvi Baskaran
