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1995 Supreme(Del) 186

USHA MEHRA
R. C. BHALLA – Appellant
Versus
N. C. BHALLA – Respondent


Advocates Appeared:
PINKY ANAND, U.N.Sharma, V.N.KOURA

( 1 ) M/s. H. R. Bhalla and Sons (P.) Ltd (in short H. R. B.) was a family concern of late Shri H. R. Bhalla, father of the plaintiffs and defendants 1 to 3. After his death, disputes arose between the plaintiffs and defendants 1 to 3 with regard to the business affairs and the properties. All the parties by an agreement dated 7/04/1984 appointed Sh. P. N. Khanna (retired Judge of this Court) as the Sole Arbitrator, to adjudicate the disputes arisen between the parties. The Arbitrator made his award on 25/12/1984 which was called the Interim Award. Petitioners filed a petition which was listed as OMP. No. 205/85. This Court after hearing the parties on the said interim Award observed that since the parties could not arrive at any decision hence the implementation of the interim award became difficult. Therefore, with the consent of the parties, the award was remitted to the Arbitrator vide order dated 23/05/1985 to decide the manner in which and the time when the division of assets would take place because in the Interim award the Arbitrator had in fact left these decisions open. It was further observed that since parties had failed to arrive at any agreed scheme hence time has com































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