In the case of partition settlement between Balwant Singh and Dungar Singh, the appointed arbitrators, who were close relatives of both parties, resolved the disputes amicably. The assets, including houses, agricultural land, jewelry, share certificates, and utensils, were distributed based on the equal share principle. The final decision, signed by Dungar Singh, was unanimous and binding on both parties. However, the District Judge dismissed the application to make the award a rule of the court. Learn more about this interesting legal case.
Facts
- The arbitrators appointed for partitioning immovable properties, shares, and jewellery are close relatives of both parties.
- The arbitrators resolved the disputes amicably.
- The distribution of assets was based on the equal share principle.
- Final decision included division of houses, agricultural land, jewelry, share certificates, and utensils.
- Capital received from a shop by Shri Jeetmal Ji was also accounted for in the settlement.
- The arbitrators passed an award on 23.11.1981 stating that the decision was unanimous and binding on both parties.
- The award was signed by Dungar Singh on 26.07.1982 after it was written.
- The District Judge dismissed the application to make the award a rule of the court.
- No misconduct was alleged against the arbitrators.
- The court found no suspicion or ambiguity in the timing of signing the award by Dungar Singh.
- Both parties presented evidence before the court regarding the award.
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Arguments
- Parties agreed that the arbitral award would be unanimous and binding.
- Parties mutually consented to the appointment of all three arbitrators.
- No misconduct alleged against the arbitrators.
- Arbitrators are close relatives of the parties.
- Parties submitted their claims before the arbitrators.
- Parties gave written consent for arbitration.
- Parties submitted respective claims in the properties for arbitration.
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Decision
- LR of Balwant Singh, Deepak B Jain, to pay Rs.10,00,000 within nine months in settlement for the share of gold of LRs of Dungar Singh.
- LRs of Dungar Singh, Lalit Kumar Babel, to receive Rs.10,00,000 in lieu of 40 tolas of jewelry.
- If the payment of Rs.10,00,000 is not made within nine months, 9% interest per annum is applicable.
- The appeal will be disposed of according to the modified award.
- Registry instructed to draft the decree accordingly.
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Case Title: BALWANT SINGH (D) THR. L.RS. Vs. DUNGAR SINGH (DEAD) THROUGH LRS. (2020 INSC 172)
Case Number: C.A. No.-007850-007850 / 2009
