JIWAN KUMAR LOHIA Vs. DURGADUTT LOHIA

JUDGEMENT

(1.) SPECIAL leave granted.

(2.) HEARD learned Counsel for the parties.

(3.) THE parties to this appeal are descendants of a common ancestor. Certain disputes arose amongst them which gave rise to two suits; Title Partition and Administration Suit No. 37 of 1975 filed by Gouri Shankar Lohia, Durga Dutt Lohia and others in the court of Assistant District Judge, Dibrugarh and Title Suit No. 185 of 1975 filed by Rabindra Kumar Lohia, appellant No. 2 herein, against Durga Dutt Lohia in the 3rd Court of Subordinate Judge, Alipore. Both these suits were withdrawn and thereafter, on 4/11/1976, the parties entered into an arbitration agreement for referring their disputes to arbitration. Mr. B. P. Khaitan, Mr. Nathmal Himatsingha and Mr. S. K. Rajgaria were appointed as joint arbitrators. After holding the reference for two years nine months, the joint arbitrators, on 30/08/1979, expressed their inability to make the award and thereafter by order dated 12/09/1980, passed by the High Court of Calcutta, the authority of joint arbitrators was revoked and they were removed and Mr. Justice A. K. Mukherjee, a retired Judge of the said High Court, was appointed as the sole arbitrator. By order dated 20/02/1987, passed by the High Court, Mr. Justice A. K. Mukherjee was removed as the sole arbitrator and in his place Mr. Justice Anil Kumar Sen, retired Chief Justice of the said High Court, was appointed as the sole arbitrator. THE said arbitrator entered reference on 5/06/1987. He recorded the evidence of the claimants which was closed on 21/11/1989, and directions were issued for adducing evidence on behalf of respondent No. 1, Durga Dutt Lohia. While the statement of Durga Dutt Lohia was being recorded by the arbitrator an application was moved on 16/03/1990 by the respondents Nos. 1 and 2 in the High Court of Calcutta for removal/ substitution of the arbitrator. THE said application was allowed by the learned Judge of the High Court by order under appeal.