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2008 Supreme(Del) 1219

HIMA KOHLI
BALRAM SEHGAL – Appellant
Versus
VINOD KUMAR SEHGAL – Respondent


Advocates Appeared:
Mr. Narinder Singh, Adv.
Mr. B.D. Sharma and Mr. Manish Sharma, Adv. for R-1

HIMA KOHLI, J (Oral)

1. The present petition is filed by the petitioner under Section 11 read with Section 8 of the Arbitration and Conciliation Act, 1996 (in short the Act), praying inter alia for appointment of the named Arbitrator as referred to in the Reference Deed dated 30.4.1991, to adjudicate the disputes between the parties.

2. Briefly stated, the facts of the case are that the dispute, subject matter of the present petition, is between the petitioner, son of late Sh. Baldev Raj Sehgal and the respondent no. 1, his brother. Respondents no. 2 and 3 are the sisters of the petitioner and the respondent no. 1. Late Sh. Baldev Raj Sehgal, father of the parties, purchased a residential premises on 31.8.1963, bearing plot no. 33, Ashoka Park Extn., East Punjabi Bagh, Rohtak Road, Delhi, measuring 155.8 sq. yds.

3. The father of the parties expired on 17.2.1974, leaving behind the petitioner, the respondents and their mother, late Smt. Padma Sehgal as the legal heirs. It is the case of the petitioner that the plot in question was a vacant piece of land, on which construction was carried out by the contribution of all the legal heirs of the deceased. During the lifetime of the mot

















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