SHIV RAM Vs. RAM RAKHA MAL
HIGH COURT OF PUNJAB AND HARYANA
RAM RAKHA MAL
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Teja Singh, J. -
(1.) THIS is an appeal from an order of District Judge of the erstwhile Faridkot State, made on an application under Section 20, Arbitration Act, 1940, that an agreement to refer a dispute to arbitration be filed.
(2.) THE Petitioner before the District Judge was Captain Ram Rakha Mal Bhandari and the Respondent was Mahant Shiv Ram Gir Chela Mahant Basheshar Gir. The Petitioner alleged that be owned certain residential land at Kot Kapura in connection with which a dispute came into existence between him and the other side. On 10 -8 -2002 the parties executed an agreement by virtue of which they referred the matter in dispute to the arbitration of Durga Das Chopra, adopted son of Narain Mal Khatri of Kot Kapura and agreed to abide by his award. Since the arbitrator had not given any award, the Petitioner prayed that the agreement be filed and the arbitrator be directed to enter upon arbitration proceedings and to give his award. Ha further prayed that after the award has been filed, a decree in terms thereof be passed. Mahant Shiv Ram Gir resisted the petition and joined issue with the Petitioner on several points. His principal pleas were that he had not entered upon any agreement, and that his signatures on a document had been obtained under coercion and on misrepresentation etc. He also pleaded that the application was barred by time, and that since the arbitrator had not commenced any proceedings within four months of the date of the agreement, the same had become infructuous. The following five issues were framed by the District Judge:
1. Did the parties get the agreement dated 10th Maghat 2002 executed? Onus on Plaintiff.
2. Should issue 1 be decided in favour of the Plaintiffs, was this agreement executed under coercion, misrepresentation and misinterpretation of the Plaintiff? Onus on Defendant.
3. What is the effect of no arbitration proceedings commencing within four months of the execution of the agreement? Onus on Defendant.
(3.) IS the application within time? Onus on Plaintiff.;
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