NAVIN CHAWLA, J.

I.A. No.13592-93/2018 (Exemption)

Allowed, subject to all just exceptions.

O.M.P. 23/2018

1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) has been filed by the petitioner challenging the Arbitral Award dated 29.06.2018 passed by the Sole Arbitrator confined to the issue that the Arbitrator has erred in holding that the claim of the petitioner towards properties not being covered in the Interim Award dated 08.03.2006 is beyond the scope of the reference.

2. To answer the above issue, the history of the litigation between the parties will have to be considered.

3. The parties to the petition are brothers who were carrying out Joint Partnership Businesses. As disputes arose between the parties, the parties entered into an Arbitration Agreement on 05.02.2006 which is reproduced herein below:

“Arbitration Agreement

We Shri Devinder Khosla, Anil Khosla and Raman Khosla are the family members and are running/doing business jointly for the last about 35 years and now some differences amongst us have been cropped up and to resolve those differences so as to lead a proper family life in social manner so