Rajiv Joshi, J. - (1.) The appellant- Om Prakash Mittal has filed this appeal (FAFO No. 1159 of 2012) under Section 37 of Arbitration and Conciliation Act, 1996 (hereinafter referred as the Act) against the order of the District Judge, Mathura dated 23.12.2011 in Misc. Arbitration Case No. 38 of 2009, whereby the application/objection of the appellant filed under Section 34 of the Act was rejected.
(2.) The facts as reflect from the record are thus: On the basis of some arbitration agreement dated 5.6.2007, an award dated 19.6.2007 was passed by three arbitrators. The appellant filed objection against the said award under Section 34 of the Act on 29.7.2009 with the assertions that the appellant and the respondents are real brothers and their father late Ramji Das was doing business of coal at Mathura and had acquired immovable property at Mathura individually and as Karta of the Hindu Undivided Family; that the appellant fell ill with mental depression in and about the year 2006 and was put under constant medical supervision with the result he was not able to attend the affairs of business and that he could recover fully from the ailments only in March/April 2009 after a long treatment. Taking advantage of the absence of the applicant and his family members, who were busy in taking care of the applicant, the respondents started creating disputes and pressurizing the applicants by various ways. Under the above circumstances, the wife of the appellant Smt. Anjana Agarwal was compelled to file two suits for permanent prohibitory injunction being Original Suit No. 361 of 2009 and 364 of 2009 before the court of Civil Judge (Senior Division) Mathura, wherein both the suits, the civil court by an interim injunction dated 27.5.2009 restrained the defendants therein from dispossessing the plaintiffs from the suit property except with due process of law.
(3.) It was further stated that against the aforesaid interim injunction orders, two writ petitions were filed before this Court being Writ Petition No. 29486 of 2009 and 29487 of 2009 (Om Textile Mills Vs. Anjana Agarwal) and in the said writ petitions, copy of the award dated 19.6.2007 was annexed as annexure-2, which was made available to the appellant by his wife Smt. Anjana Agarwal on 28.6.2009; the said firm M/s. Om Textiles Mill through- respondent no.3, moved application in the Suits No. 361 of 2009 and 364 of 2009 pending before civil court for their impleadment as a party and in support of the said applications, photocopies of hand written award dated 19.6.2007 and 9.11.2008 were filed, which were provided to the appellant on 7.7.2009 by Smt. Anjana Agarwal, the plaintiff of the aforesaid suit.;