M.KARPAGA VINAYAGAM, J. - (1.) SATISH Chandra Agarwal is appellant, his brothers, Dinesh Chandra Agarwal, Naresh Chandra Agarwal and Girish Chandra Agarwal are respondents.
(2.) SHATRUGHAN Prasad was the father of the appellant and respondents. After his death the appellant and respondents reached to an agreement for partition and allotment of share in the joint family properties and business on 28.11.1999. Besides some of the properties and share in the business allotted to Satish, appellant, it was agreed that Naresh and Dinesh, respondents 1 and 2 would pay Rs. 50 lakh to the appellant in lieu of the share in other properties. On 14.09.2001 for giving effect to the agreement dated 28.11.1999, they entered into fresh agreement to refer to the arbitration without the consent of Satish, the appellant. However, during the course of the arbitration before the Sole Arbitrator, the appellant, on being informed about the said arbitration, sent a letter on 24.09.2001 to the Arbitrator authorizing him to arbitrate and requesting to consider the agreement dated 28.11.1999 and also to ensure the payment or Rs. 50 lakh in terms of the said agreement.
(3.) MODIFYING the mutual agreement dated 28.11.1999, the Arbitrator passed an award on 21.12.2001 allotting various shares to the appellant and the respondents without making provision for payment of Rs. 50 lakh to the appellant.;