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2009 Supreme(P&H) 1503

PUNJAB & HARYANA HIGH COURT
Sham Sunder, J.
Meena Dawar
Versus
Rajeev Arora
Civil Revision No. 997 of 2009,
Decided On : AUGUST 26, 2009

Headnote:Guardian and Wards Act, S.25--Civil Procedure Code, 1908, S.151 & 10--Arbitration and Conciliation Act, 1996, S.5, 8 & 35--Parallel civil proceedings--Stay of suit--The two parallel civil proceedings relating to the same subject matter could not be allowed to continue at the same time, in two different Courts, with a view to avoid conflicting decisions.

       ON FACTS

       Custody of minor children--Parties allegedly entered into an arbitration agreement--Award passed--Execution proceedings with regard to that award pending before Addl. District Judge--Objections filed--Matter involved the same subject matter as is involved in the petition under Section 25 of the Guardian and Wards Act--Proceeding in the petition u/s 25 of the Guardian and Wards Act stayed till the decision of objection petition against the award with a view to avoid conflicting decisions held.

       

Judgment

Sham Sunder, J.

1. This revision-petition, under Article 227 of the Constitution of India, is directed, against the order dated 31.01.09, rendered by the Guardian Court, Amritsar, vide which, it directed the respondents/revision-petitioners to file reply to the petition under Section 25 of the Guardianship Act.

2. A petition under Section 25 of the Guardian and Wards Act, was filed by Rajeev Arora, petitioner (now respondent). During the pendency of that petition an application under Sections 5, 8 and 35 of the Arbitration and Conciliation Act, 1996, and Section 151 of the Code of Civil Procedure, for rejection of the petition was filed by Meena Dawar etc. respondent (now petitioners). It was stated that Rajeev Arora, was married to the deceased mother of minor children namely Kashish and Gyatri. Rajiv Arora, and applicants No.l to 3, submitted a writing, vide application to the President Joshi Colony (E) Welfare Society, Amritsar, requesting him to act as sole arbitrator, between the parties, with regard to the matter pertaining to the maintenance of two minors children of the petitioner; and regarding the resolution of dispute of their guardianship besides returning the Istridhan to the parents of Preety, deceased wife of petitioner Rajeev Arora. They further gave the consent that the decision of the Arbitrator, will be binding upon the patties, and after this no party will proceed before any Court of law, and will not file any complaint before the Police. The request was duly signed by the parties. A written award dated 23.08.07, was passed by the sole Arbitrator. The award was accepted by the parties and the same was signed in token of its correctness. Meena Dawar etc. filed execution proceedings, to execute the award dated 23.08.07, by claiming Istridhan and two FDRs of Rs.5 lacs in the name of the minor as per the specific terms and conditions of the same. It was further stated that the application was pending, in the Court of Sh. Karnail Singh, Additional District Judge, Amritsar. Rajiv Arora filed a civil revision No.3758 of 2008 before this Court, in order to challenge the maintainability of the execution proceedings. The said revision petition was dismissed by this Court, and the execution proceedings for the execution of award were held to be proper and maintainable. A writ petition was also filed by Rajiv Arora. The question of the custody of the minors, after the death of their mother, was fully resolved by way of award. It was further stated that Rajiv Arora agreed not to file any proceedings, in respect of this matter. The award became final after the expiration of period of limitation. It was further stated that the award dated 23.08.07, had got a force of decree. It was further stated that, in the face of the award, referred to above, the petition under Section 25 of the Guardian and Wards Act, was a misuse of the process of law. Accordingly prayer for the rejection of the petition was filed.

3. In reply to the application, it was stated by Rajeev Arora, that the same was not maintainable, as per Sections 5, 8 and 35 of the Arbitration and Conciliation Act. It was further stated that Section 8 of the Act deals with making reference, in a pending suit, with regard to the existence of arbitration clause. It was further stated that the alleged document relied upon and submitted by Meena Dawar etc. was neither an agreement nor an award in the eyes of law, and was liable to be set aside. It was further stated that the other two documents were forged by them, after obtaining the signatures of the petitioner Rajeev Arora, and his father, on blank papers, when the dead body of his (Rajeev Aroras) wife was lying in the house and he was in deep shock. It was further stated that the respondent and the brother of respondent No. 1, who is an Advocate, procured the signatures of the petitioner and propounded two documents giving the same a colour and name pf compromise/arbitration award dated 23.08.07. It was furthe









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