JUDGMENT : - This is an application to revoke an order of reference in these suits and to set aside and declare invalid an award made by the arbitrator to whom the disputes in these suits were referred for arbitration.

2. The central figures in this litigation are Nanda Kishore Jhajharia and Jagannath Agarwalla. They were directors of and in control of various limited companies including the International Mercantile Corporation (India) Ltd. They also carried on a co-partnership business under the name and style Agarwalla-Jhajharia and Company which had its head office at No.370 Upper Chitpore Road as exporters, importers and general merchants.

3. There is relationship by marriage between Nandkishore and Kamlaprosad who is son of Jagannath Agarwala. The wives of Nandkishore and Kamalaprosad are sisters.

4. The relationship between Nandkishore and Jagannath is strained since the latter part of 1950. There are serious disputes between them with regard to various matters. The most serious dispute which precipitated litigation between them relates to a holding of 42200 shares in Ryam Sugar Co., Ltd. Nandkishore Jhajharia purchased and obtained delivery of these shares from Gaya Sugar Mills

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