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2015 Supreme(Cal) 380

I.P.MUKERJI
Balkrishna Garodia – Appellant
Versus
Nikunj Kumar Lohia – Respondent


Advocates Appeared:
For the petitioner:Mr. Jayanta Kumar Mitra, Ld. Advocate General, Ms. Rakhi Shroff Mr. S.G. Muskara, Advocates
For the Respondents:Mr. Jishnu Saha, Senior Advocate, Mr. Ashish Mukherjee Mr. Arpita Saha, Advocates

JUDGMENT :

I.P. MUKERJI, J.

1. There are two execution applications for enforcement of an arbitral award dated 3rd October, 1983. It was passed by two Joint Arbitrators chosen by the parties and approved by this court by an order dated 10th August, 1983. This award was made a rule of this court on 21st September, 1984. In the proceedings before this court in 1983 and before the learned arbitrators there were two sets of parties divided into two groups. Hari Prasad Lohia and Narayan Prasad Garodia constituted the first group. Omprakash Bhartia, Haricharan Garodia and Bal Krishna Garodia constituted the second group. The petitioner belongs to the second group.

2. The award proceeds as follows. Three companies were involved. East India Cotton Manufacturing Co. Ltd. referred to as the “Cotton company”, Fibre Processors Pvt. Ltd. referred to as the “Fibre company” and East India Fabrics Manufacturing Co. Ltd. referred to as the “Fabric company”. Before the award, the Fibre and Fabric companies belonged to the first group. 3843 equity shares of the Fabric company and 4,000 equity shares of the Fibre company together with the blank signed transfer deeds were in the possession of the Joint




































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