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2015 Supreme(Del) 1812

S.MURALIDHAR
SANJAY KAPUR – Appellant
Versus
VIKRAM KAPUR – Respondent


Advocate Appeared:
For the Petitioner:Mr. Sudhir Chandra, Senior Advocate with Mr. Sudhir K. Makkar, Ms. Meenakshi Singh and Mr. Karan Lamba, Advocates, Mr. Nitish Kumar, Advocate.
For the Respondents:Mr. Salman Khurshid and Mr. U.K. Chaudhary, Senior Advocates with Mr. Antony, Mr. Himanshu Vij, Ms. Gitanjai Kapur, Ms. Shrshti Singh, Advocates for R-1. Mr. Anil Airi with Mr. Ravi Krishan Chandna, Ms. Sadhna Sharma, Mr. Aman Madan, and Mr. Ishan Khanna, Advocates for R-2. Ms. Meenakshi Singh, Advocate for R-6 to R-10.

JUDGMENT :

1. The challenge in both these petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (“Act”) is to an Award dated 1st November 2014 passed by the learned sole Arbitrator in the disputes between the parties.

Background facts

2. The parties are all descendants of late Rai Bahadur Janki Dass Kapur. His three sons were Mr. Bishambar Dass Kapur, Mr. Jaidev Kapur and Mr. Jagdish Kapur. Mr. Sanjay Kapur, one of the sons of late Mr. Jagdish Kapur, Mr. Gautam Kapur and Mr. Girish Kapur, sons of late Mr. Jaidev Kapur and Mr. Rishav Kapur, son of Mr. Girish Kapur are the Petitioners in OMP No. 30 of 2015. Another son of Mr. Jagdish Kapur, namely, Mr. Salil Kapur is not himself a Petitioner. However, his two sons, Mr. Prashant Kapur and Mr. Ashwin Kapur, have filed OMP No. 31 of 2015.

3. The contesting Respondents in both petitions belong to the family branch of late Mr. B.D Kapur. The first two respondents, Mr. Vikram Kapur and Mr. Rajiv Kapur are the sons of late Mr. B.D. Kapur. The eldest son of Mr. B.D. Kapur, namely, late Mr. Arun Kapur, passed away during the pendency of the arbitration proceedings and his wife, Mrs. Rashmi Kapur and their sons, Mr. Akshay Kapur
































































































































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