ASHIS KUMAR CHAKRABORTY,J. - (1.) The Court : This appeal under Section 37 of the Arbitration and Conciliation Act , 1996, as amended by Act 3 of 2016 (in short, 'the Act of 1996') is directed against the order dated November 11, 2017 passed by the arbitral tribunal under Section 17 of the Act.
(2.) The brief facts which are relevant to be considered for deciding the appeal are that the appellant no.1 is the father of the appellant no.2 and the respondent. The parties herein jointly control various companies and also own an immovable property at A-123, Lake Gardens, Kolkata - 700045 (hereinafter referred to as the "Lake Gardens Property") and other movable assets including gold ornaments and jewelleries and raw silver and silver utensils. The Lake Gardens property is the residential house of the parties. Certain disputes arose between the parties relating to their respective rights in respect of the joint family companies, the Lake Gardens property and the other movables mentioned above. By an agreement dated January 22, 2016 they agreed to appoint three arbitrators to adjudicate the said disputes pertaining to distribution of joint properties and the companies. Thus, the arbitral tribunal comprising three arbitrators entered upon reference. The arbitral proceeding was held on January 22, 2016 itself when a consent award, duly signed by all the parties, was passed by the arbitral tribunal. Although, the said consent award dated January 22, 2016 (hereinafter referred to as "the consent award") dealt with various matters between the parties but for the purpose of deciding the present appeal we are concerned with only three issues firstly, the Lake Gardens property; secondly, the gold ornaments, jewellery, raw silver and silver utensils; and, thirdly, the cash balance lying in the hands of the respective parties. The consent award is in Hindi language and English translated copy of the same has been disclosed in this application.
(3.) As per the consent award the present respondent would relinquish his 1/3rd share in the Lake Gardens property in favour of the present appellants for consideration. It is the amount of consideration receivable by the present respondent from the appellants for relinquishing his 1/3rd share in the Lake Gardens property which is clarified by the arbitral tribunal by the impugned order is challenged before this Court. Clause 5 of the consent award provided that the 1.850 kg. of gold metal lying with the appellant no. 1 plus, raw silver and the silver utensils and all jwellery lying with the respondent herein will be equally shared by the respective parties, that is, each party would have 1/3rd share. Clause 6 of the consent award stated that after meeting all expenses the balance cash of Rs. 1,62,800/- shall equally be divided between the parties, that is, each party would have 1/3rd share in the cash amount. The consent award also provided that in case any error is found in the partition then the same would be settled after contacting "the aforesaid three persons". Till the month of June, 2016, none of the parties took any step to execute the consent award passed by the arbitral tribunal. However, on July 6, 2016 the parties once again approached the arbitral tribunal when the arbitral tribunal held a meeting on July 6, 2016 itself and on July 8, 2016 passed certain directions for the steps to be taken by the respective parties for execution of the consent award. A copy of the said direction passed by the arbitral tribunal on July 8, 2016 has also been disclosed in this application. With respect to the respective rights of the parties relating to the said Lake Gardens property and the gold ornaments, jewellery, raw silver and silver utensils the arbitral tribunal directed the appellant no.1, described in the said direction dated July 8, 2016 as "JSC", to do the following acts: "Actions to be done by JSC HANDING OVER OF ALL PERSONAL AND COMPANY/TRUST DOCUMENTS OF NSS. ALL DOCUMENTS OF NSS TO BE DEPOSITED WITH ARBITRATORS 3 DAYS PRIOR TO COMMENCEMENT OF STAGE 3. ALL GIFT DEEDS/RELEVANT DOCUMENTATIONS PERTAINING TO TRANSFER OF SHARES OF 123 LAKE GARDEN AND REGISTRATION FORMALITIES TO BE ORGANISED BY JSC. Family settlement deed to be executed and signed by RSC & Family. ALL PAPERS PERTAINING TO THE SAME TO BE PREPARED BY JSC. Completion of Partition of M L Chopra HUF & J S Chopra HUF - To start with start of Audit. Payment of 1/3rd share to RSC to be adjusted in Lieu of 123, L. Gardens consideration. Proper documents to be executed SIGNING OF DOCUMENTS OF PARTITION WILL BE DONE BY RSC ONLY AT THE TIME OF SETTLEMENT OF ACCOUNT PERTAINING TO 123 LAKE GARDENS. Payment of Consideration of 123 Lake Gardens- To deposit with Arbitrators 3 days prior to Vacation of 123 Lake Gardens with adjustment of receivable/payables. Distribution of Jewellery/Cash in hand/Metals/Silver Utensils - To be deposited with Arbitrators 3 days prior to Vacation of 123, L.Gardens. While drawing the accounts for the same Diamond Buttonos [4 Pcs] and Photo Albums kept with RSC to be handed over to the arbitrators 3 days prior to Vacation of 123, L. Gardens." After passing of the above directions by the arbitral tribunal on July 08,2017 the present appellants filed an application, Company Petition No. 5 of 2017, against the present respondent and others, under Sections 7(7) , 166 , 213(b)(i) , 447 and 448 of the Companies Act, 2013, before the National Company Law Tribunal (hereinafter referred to as "the NCLT") complaining about the alleged illegalities committed by the present respondent in the affairs of the joint family companies. In the said application, the present respondent filed his reply affidavit disclosing therein an English translated copy of the consent award made by the arbitral tribunal recording that he is to receive Rs. 1,83,334/- from the present appellants for relinquishing his 1/3rd share in the said Lake Gardens property in their favour.;