Pratibha Bonnerjea, J. - (1.) THIS is an application under Section 33 of the Arbitration Act 1940, challenging the existence validity and effect of the arbitration agreement, dated 14-7-83 and the award, dated 12-11-83, praying for a declaration that both are invalid, null and void. The main contesting parties are the petitioner and the respondent No, 1. The petitioner and the respondent No. 1 are two sons of one Dungarmal Bachumal Futnani, since deceased. The said deceased, his two sons and the members of the respective family of his two sons were interested in a number of Private Limited and Public Limited Companies, several Partnership Firms and a Public Charitable Trust registered under the Bombay Trust Act 1950. These businesses were carried on from Calcutta, Bombay and Madras and these Companies and Firms were the owners of various immovable properties situate at different places. One of such properties is known as "Futnani Chambers" situate, at No. 6/A, Surendra Nath Banerjee Road, Calcutta.
(2.) AFTER the death of Dungarmal, disputes and differences arose between his two sons and their respective family regarding the management and control of the aforesaid businesses and the Trust. Dungarmal died on 1.4.83. It was alleged by the respondent No. 1 that Dungarmal died leaving his last Will and testament, dated 29th June, 1982 which was disputed by the petitioner. On 14-7-83 the petitioner representing the members of his family and the respondent No. 1 representing the members of his family entered into a written arbitration agreement which is set out below: "The parties, therefore, agree that the differences between them be reared to the Award and Determination of Mr. T. K. Gupta and Mr. Bishen Sarup, both of Bombay. (a) It is also agreed between the parties that the said arbitration proceedings shall take place at the time and place to be determined by the two Arbitrators. (b) The Agreement shall be effective and be enforceable as between the parties and their legal representatives. (c) The parties hereto agree that they shall not insist on any written notice for appearing before the Arbitrators. They will remain present at Chattau, 9 Altamount Road, Bombay-400026 between the hours of 3 to 5 P M daily from the date hereof till the Arbitration proceedings are over excepting on Harik holidays. (d) The parties have agreed that they shall remain present in Bombay and that without the consultation and consent of the Arbitrators shall not leave Bombay until the Arbitration proceeding are over and will not ask for any adjournment. (e) The Arbitrators shall make all enquiries in the presence of the parties. The Arbitrators shall have power to call for such evidence as they think proper or may proceed to deliver the Award without taking any evidence. (f) The Arbitrators shall give opportunities to the parties to produce evidence and witness within 3 days from date hereof before them at the time and place mentioned above. (g) The Arbitrator shall be entitled to base their Award on their personal knowledge. (h) The parties hereto have represented that they have full authority on behalf of their respective family members to enter into this agreement. (i) The parties hereto agree that they shall not employ any' Advocate or any other professional person far the purpose of proceedings before the Arbitrators. (j) The Arbitrators have agreed that they will charge no fees, excepting any out of pocket charges. (k) The parties hereto have agreed that they shall not challenge any proceedings of the Arbitration and any Award given by the Arbitration in a Court of Law. (l) The Arbitrators shall make their Award unanimously in writing within two months from the date of this agreement or within such further time as the Arbitrators may decide. "
(3.) ACCORDING to the petitioner, the term regarding construction of the alleged Will of Dungarmal Futnani was an unauthorised interpolation made by the respondent No. 1 in collusion and conspiracy with the arbitrators being respondents Nos. 10 and 11 herein.;