D. Y. CHANDRACHUD, J.

( 1 ) THE Chamber Summons before the court is filed in aid of an application for the execution of an arbitral award. The arbitral proceedings were governed by the Arbitration and Conciliation Act, 1996. The Arbitral tribunal consisted of the Hon'ble Mr. Justice M. H. Kania, the Hon'ble Mr. Justice M. N. Chandurkar and the Hon'ble Mr. Justice D. R. Dhanuka. Mr. Justice M. H. Kania and Mr. Justice M. N. Chandurkar made and signed their award on 18th February, 2004. Mr. Justice M. N. Chandurkar died on 28th February, 2004. The third Arbitrator signed and delivered a Dissenting award on 4th March, 2004. There was no challenge to the award under section 34 of the Arbitration and Conciliation Act, 1996 ("the Act" ). In execution, the defence that has been set up on behalf of the first respondent is that an award which is made and signed by two of the learned arbitrators is not a valid award in law. That defence falls for consideration. Before dealing with the rival contentions some of the prefatory facts will have to be narrated.

( 2 ) A Deed of Trust was executed on 11th september, 1954 by Mr. Framroz Rustomji damania. The Settlor expired on 2nd May, 1979. He left b

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